[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4929 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4929
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
November 30, 2020
Mr. Booker (for himself, Ms. Warren, and Mrs. Gillibrand) introduced
the following bill; which was read twice and referred to the Committee
on Finance
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Justice for Black
Farmers Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
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.
Sec. 523. Rural Energy for America Program.
Sec. 524. Conservation and renewable energy programs priority.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Socially disadvantaged farmer or rancher.--The term
``socially disadvantaged farmer or rancher'' means a farmer or
rancher who is a member of a socially disadvantaged group.
(3) Socially disadvantaged group.--The term ``socially
disadvantaged group'' means a group whose members have been
subjected to racial or ethnic prejudice because of their
identity as members of a group without regard to their
individual qualities.
TITLE I--DEPARTMENT OF AGRICULTURE CIVIL RIGHTS REFORMS
SEC. 101. DEFINITIONS.
In this title:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Agriculture for Civil Rights.
(2) Board.--The term ``Board'' means the Department of
Agriculture Civil Rights Oversight Board established by section
102(a).
(3) Commission.--The term ``Commission'' means the Equity
Commission established by section 103(a)(1).
(4) Office.--The term ``Office'' means the Office of the
Assistant Secretary.
SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD.
(a) In General.--There is established in the Department of
Agriculture an independent board, to be known as the ``Department of
Agriculture Civil Rights Oversight Board''--
(1) to oversee the Office; and
(2) to protect the rights of individuals who seek to file,
or do file, a discrimination complaint with the Office.
(b) Duties.--The Board shall--
(1)(A) conduct a de novo review with fact finding power,
including notice and opportunity for a hearing, of any appeal
of a decision made by the Office, including any appeal of a
dismissal of a complaint; and
(B) issue a written decision within 180 days of receipt of
an appeal or dismissal described in subparagraph (A);
(2) investigate reports of discrimination within the
Department of Agriculture, make findings of fact and
conclusions of law in accordance with the findings, and
recommend to the Secretary appropriate actions relative to
specific findings;
(3) recommend improvements to Department of Agriculture
policies and procedures to address patterns and practices of
discrimination and to prevent further discrimination;
(4) conduct regular reviews to assess the compliance of the
Office with civil rights, fair employment, and pay equity laws
and policies applicable to the Office;
(5) provide oversight over Farm Service Agency county
committees;
(6)(A) assess the progress made by the programs and
policies established under this Act and the amendments made by
this Act; and
(B) submit recommendations for improvements to those
programs or policies to the Secretary; and
(7)(A) prepare an annual report on the status of socially
disadvantaged farmers and ranchers and the treatment of
socially disadvantaged farmers and ranchers by the Department
of Agriculture;
(B) make each report prepared under subparagraph (A)
publicly available; and
(C) submit each report prepared under subparagraph (A) to
the Attorney General.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2021 through 2030 such sums as
are necessary to carry out this section.
SEC. 103. EQUITY COMMISSION.
(a) Establishment.--
(1) In general.--There is established in the Department of
Agriculture the Equity Commission, the purposes of which are--
(A) to study historical and continuing
discrimination by the Department of Agriculture against
Black farmers and ranchers that is fostered or
perpetuated by the laws, policies, or practices of the
Department of Agriculture; and
(B) to recommend actions to end the systematic
disparities in treatment of Black farmers and ranchers,
particularly by the Department of Agriculture.
(2) Membership.--
(A) Composition.--The Commission shall be composed
of 9 members, to be appointed by the Secretary, of
whom--
(i) 3 shall be Black farmers or ranchers
with not less than 10 years of experience in
farming or ranching;
(ii) 3 shall be employees or board members
of nonprofit organizations that have not less
than 7 years of experience providing meaningful
agricultural, business assistance, legal
assistance, or advocacy services to Black
farmers or ranchers; and
(iii) 3 shall be faculty or staff from 1890
Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)) or the
University of the District of Columbia.
(B) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after
the date of enactment of this Act.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall
be appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the first
meeting of the Commission.
(B) Frequency.--The Commission shall meet at the
call of the Chairperson.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(5) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
(b) Duties of the Commission.--
(1) Study.--The Commission shall study discrimination
against Black farmers and ranchers by the Department of
Agriculture, including by conducting investigations of--
(A) the prevalence of discrimination against Black
farmers and ranchers in Department of Agriculture
agencies and programs, including Farm Service Agency
county committees; and
(B) the status of claimants who filed for relief
under the settlement agreement and consent decree in
Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or the
settlement agreement in Black Farmers Discrimination
Litigation, Misc. No. 08-mc-0511 (PLF), with a
particular focus on the status of claimants who did not
receive payments.
(2) Recommendations.--The Commission shall develop
recommendations for--
(A) ending the systematic disparities in treatment
of Black farmers and ranchers, particularly by the
Department of Agriculture;
(B) improving the structure of Farm Service Agency
county committees to better serve socially
disadvantaged farmers and ranchers, including, if
necessary, recommending the elimination and replacement
of those committees; and
(C) addressing any mishandling of payments
identified through studying the matters under paragraph
(1)(B).
(3) Outreach.--In studying the matters under paragraph (1)
and developing recommendations under paragraph (2), the
Commission shall--
(A) consult with the Socially Disadvantaged Farmers
and Ranchers Policy Research Center; and
(B) hold town hall meetings with socially
disadvantaged farmers and ranchers, researchers, and
civil rights advocates.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall make publicly
available a detailed report that describes--
(A) the findings of the study under paragraph (1);
and
(B) the recommendations developed under paragraph
(2).
(c) Powers of Commission.--
(1) Hearings.--The Commission shall hold open, televised,
and public hearings, during which the Commission may sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry
out this section.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal department or agency such information as
the Commission considers necessary to carry out this
section.
(B) Furnishing information.--On request of the
Chairperson of the Commission, the head of the
department or agency shall furnish the information to
the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Commission to perform
its duties, except that the employment of an executive
director shall be subject to confirmation by the
Commission.
(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of that title.
(4) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that
title.
(e) Termination of Commission.--The Commission shall terminate on
the date that is 30 days after the date on which the Commission makes
publicly available the report under subsection (b)(4).
(f) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2021 through 2030 such sums as
are necessary to carry out this section.
SEC. 104. OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS REFORMS.
(a) Ombudsman.--The Secretary shall establish in the Department of
Agriculture a position of Civil Rights Ombudsman--
(1) to assist individuals in navigating Office programs;
and
(2) to provide recommendations to the Secretary for grants
provided under subsection (g).
(b) Deadline for Decisions.--Not later than 180 days after the date
on which the Office receives a civil rights complaint, the Assistant
Secretary shall make a final decision of the Assistant Secretary
regarding the merit of the complaint and the appropriate disposition of
the matter.
(c) Appeals to Board.--
(1) In general.--A person that receives an adverse decision
or dismissal by the Office on a civil rights complaint filed by
the person may appeal the decision or dismissal to the Board
for a final decision.
(2) Deadline.--An appeal under paragraph (1) shall be filed
not later than 1 year after the date of the adverse decision or
dismissal described in that paragraph.
(3) Effect of board decision.--A decision of the Board on
an appeal filed under paragraph (1), or a dismissal of such an
appeal for lack of jurisdiction, shall constitute exhaustion of
administrative remedies and be reviewable in Federal court.
(d) Moratorium on Foreclosures.--The Secretary shall not take any
action on a foreclosure proceeding against any farmer or rancher during
any period that a civil rights complaint filed by the farmer or rancher
with the Office is outstanding, including an appeal to the Board under
subsection (c)(1).
(e) Reports.--The Assistant Secretary shall--
(1) publish on the website of the Office and submit to the
Board a report of each civil rights complaint filed with the
Office and the results of each such complaint; and
(2) include in each report described in paragraph (1) a
description of the race, ethnicity, gender, and geographic
region of the complainant.
(f) Prohibition on Interference by the Office of the General
Counsel.--The Office of General Counsel of the Department of
Agriculture shall not have any involvement with the investigation,
adjudication, or resolution of any civil rights complaint brought
against the Secretary.
(g) Grants.--
(1) In general.--The Secretary, based on recommendations
from the Civil Rights Ombudsman, shall provide grants to
community-based organizations and advocates with a history of
working with socially disadvantaged farmers and ranchers to
provide technical assistance to farmers and ranchers seeking to
file a civil rights complaint with the Office.
(2) Funding.--There is authorized to be appropriated, and
there is appropriated, out of amounts in the Treasury not
otherwise appropriated, $50,000,000 for each of fiscal years
2021 through 2030 to carry out this subsection.
(h) Direct Reporting to the Secretary of Agriculture.--Section
218(c) of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918(c)) is amended--
(1) in the subsection heading, by striking ``Duties of'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(1) Duties.--The Secretary''; and
(4) by adding at the end the following:
``(2) Direct reporting to the secretary.--If the Secretary
establishes the position of Assistant Secretary for Civil
Rights under subsection (a)(3), the Assistant Secretary for
Civil Rights shall report directly to the Secretary.''.
(i) Authorization of Appropriations.--In addition to amounts made
available under subsection (g)(2), there are authorized to be
appropriated for each of fiscal years 2021 through 2030 such sums as
are necessary to carry out this section and the amendments made by this
section.
SEC. 105. DATA COLLECTION AND REPORTING.
(a) In General.--The Secretary shall make publicly available annual
reports describing data on the recipients of Department of Agriculture
assistance, including assistance from farm subsidy programs, and the
amounts of the assistance, delineated by the race, ethnicity, and
gender of the recipients.
(b) ERS Research of Socially Disadvantaged Farmers and Ranchers.--
The Secretary, acting through the Administrator of the Economic
Research Service, shall conduct research on the status of socially
disadvantaged farmers and ranchers, including--
(1) the share of land ownership of those socially
disadvantaged farmers and ranchers as compared to all farmers
and ranchers, delineated by the race, ethnicity, and gender of
the landowners;
(2) the share of the amount of assistance those socially
disadvantaged farmers and ranchers receive from the Department
of Agriculture as compared to all farmers and ranchers,
delineated by the race, ethnicity, and gender of the
recipients;
(3) the share, status, and receipt of Farm Credit System
loans by socially disadvantaged farmers and ranchers as
compared to all farmers and ranchers, delineated by the race,
ethnicity, and gender of the recipients; and
(4) an assessment of the reasons for disparities in land
ownership, assistance from the Department of Agriculture, and
Farm Credit System loans for socially disadvantaged farmers and
ranchers compared to all farmers and ranchers.
(c) ERS Research of Farmworkers.--The Secretary, acting through the
Administrator of the Economic Research Service, shall conduct research
on the demographics and status of farmworkers, including--
(1) the races, ethnicities, ages, localities, wages and
benefits, and working conditions of farmworkers;
(2) the economic contributions of farmworkers to the United
States economy; and
(3) satisfaction of farmworkers with their employment.
(d) Census of Agriculture.--The Secretary, acting through the
Administrator of the National Agricultural Statistics Service, shall--
(1) investigate historical changes in reporting methodology
and misreporting of Black farmers and ranchers in the census of
agriculture;
(2) develop procedures to ensure that census of agriculture
surveys accurately capture the status of socially disadvantaged
farmers and ranchers engaged in urban agriculture; and
(3) conduct, concurrently with each census of agriculture,
a review to assess--
(A) the outreach and methodologies used in
conducting the census of agriculture; and
(B) how such outreach and methodologies have
affected the counting of socially disadvantaged farmers
and ranchers.
(e) Corporate Ownership of Farmland.--The Secretary shall annually
conduct, and annually make publicly available reports describing, in-
depth research and analysis of corporate (domestic and foreign) land
investment and ownership in the United States, with specific attention
given to the impact of corporate land investment and ownership on--
(1) land consolidation trends in the United States;
(2) challenges and opportunities for new and beginning
farmers and ranchers accessing land for farming or ranching;
(3) challenges and opportunities for members of socially
disadvantaged groups accessing land for farming or ranching;
and
(4) crop selection and production trends.
(f) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $10,000,000 for each of fiscal years 2021 through 2030 to
carry out this section.
TITLE II--BLACK FARMER LAND GRANTS
SEC. 201. DEFINITIONS.
In this title:
(1) Animal feeding operation.--The term ``animal feeding
operation'' means a lot or facility at which--
(A) for not less than a total of 45 days in any 12-
month period, animals (other than aquatic animals)
are--
(i) stabled or confined; and
(ii) fed or maintained; and
(B) crops, vegetation, forage growth, or
postharvest residues are not sustained in the normal
growing season over any portion of the lot or facility.
(2) Eligible black individual.--The term ``eligible Black
individual'' means a person who--
(A) was born in the United States;
(B) is at least 21 years of age;
(C) has previously identified as Black or African
American; and
(D) has at least 1 parent of African ancestry.
(3) Farmer training.--The term ``farmer training'' means a
program that--
(A) provides eligible Black individuals and other
enrollees with the basic skills to operate a farm or
ranch profitably with a primary focus on regenerating
the soil, ecosystem, and local community;
(B) provides a course of study that is equivalent
to not less than 30 academic credit hours of study,
which may be provided as direct in-field instruction;
(C) is approved by the Undersecretary of the
Equitable Land Access Service as an authorized program
to meet the farmer training program requirement under
section 207(a) for recipients of land grants under
section 203(a)(2);
(D) focuses training on low-capital-intensive
techniques and technologies; and
(E) includes a robust study of local and regional
food systems and the market opportunities those systems
present.
(4) Qualified entity.--The term ``qualified entity''
means--
(A) an organization--
(i)(I) described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code; or
(II) that has a fiscal sponsor that is an
organization described in subclause (I);
(ii) that has not less than 3 years of
experience providing meaningful agricultural,
business assistance, legal assistance, or
advocacy services to Black farmers or ranchers;
and
(iii) at least 50 percent of the members of
the board of directors of which are Black; and
(B) an 1890 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601)), including the
University of the District of Columbia.
(5) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Under Secretary of Agriculture for Equitable
Land Access.
SEC. 202. ESTABLISHMENT OF THE UNDER SECRETARY OF AGRICULTURE FOR
EQUITABLE LAND ACCESS AND THE EQUITABLE LAND ACCESS
SERVICE.
(a) Establishment.--The Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6901 et seq.) is amended by adding at the end the
following:
``Subtitle L--Equitable Land Access
``SEC. 297. UNDER SECRETARY OF AGRICULTURE FOR EQUITABLE LAND ACCESS.
``(a) In General.--The Secretary shall establish in the Department
the position of Under Secretary of Agriculture for Equitable Land
Access.
``(b) Confirmation Required.--The Under Secretary of Agriculture
for Equitable Land Access shall be appointed by the President, by and
with the advice and consent of the Senate.
``(c) Functions.--The Secretary shall delegate to the Under
Secretary of Agriculture for Equitable Land Access the functions of the
Department carried out through the Equitable Land Access Service.
``SEC. 297A. EQUITABLE LAND ACCESS SERVICE.
``(a) Establishment.--There is established in the Department the
Equitable Land Access Service.
``(b) Under Secretary.--The Equitable Land Access Service shall be
headed by the Under Secretary of Agriculture for Equitable Land Access.
``(c) Functions.--The Secretary shall carry out through the
Equitable Land Access Service title II of the Justice for Black Farmers
Act of 2020.''.
(b) Technical and Conforming Amendments.--
(1) Subtitle A of the Department of Agriculture
Reorganization Act of 1994 is amended by redesignating section
225 (7 U.S.C. 6925) as section 224A.
(2) Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(11) The authority of the Secretary to carry out the
amendments made to this Act by the Justice for Black Farmers
Act of 2020.''.
(3) Section 5314 of title 5, United States Code, is amended
by inserting after the item relating to the Under Secretary of
Agriculture for Marketing and Regulatory Programs the
following:
``Under Secretary of Agriculture for Equitable Land
Access.''.
SEC. 203. PROVISION OF LAND GRANTS.
(a) In General.--The Secretary shall--
(1) purchase from willing sellers, at a price not greater
than fair market value, available agricultural land in the
United States; and
(2) subject to section 205, convey grants of that land to
eligible Black individuals at no cost to the eligible Black
individuals.
(b) Requirement.--To the maximum extent practicable, if sufficient
applications are submitted by eligible Black individuals, the Secretary
shall convey not less than 20,000 land grants to eligible Black
individuals under subsection (a)(2) for each of fiscal years 2021
through 2030.
(c) Maximum Acreage.--A land grant to an eligible Black individual
under subsection (a)(2) shall be not more than 160 acres.
(d) Applications.--
(1) In general.--An eligible Black individual seeking a
land grant under subsection (a)(2) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a legal description of the land identified under
section 204 of which the eligible Black individual is seeking
the grant.
(2) Qualified entities.--
(A) In general.--A qualified entity that receives a
grant under section 208 may submit to the Secretary an
application under paragraph (1) on behalf of 1 or more
eligible Black individuals seeking a land grant under
subsection (a)(2).
(B) Applications to subdivide and convey.--If
applicable, an application submitted under subparagraph
(A) shall include a proposal for how the land will be
subdivided and conveyed separately to eligible Black
individuals as described in section 204(b).
(e) Priority.--The Secretary shall give priority to applications
submitted under subsection (c) for land grants to--
(1) eligible Black individuals who are currently farmers or
ranchers;
(2) eligible Black individuals with a family history of
land dispossession;
(3) eligible Black individuals with experience in
agriculture, including experience obtained through
participation in the Farm Conservation Corps established under
section 209; and
(4) eligible Black individuals who are veterans.
(f) Tax Treatment.--For purposes of the Internal Revenue Code of
1986, no amount shall be includible in gross income of an eligible
Black individual by reason of the receipt of any land grant under this
section.
(g) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $8,000,000,000 for each of fiscal years 2021 through 2030
to carry out this section.
SEC. 204. IDENTIFICATION OF LAND.
(a) In General.--The Secretary shall refer an eligible Black
individual seeking a land grant under section 203 to a qualified entity
that receives a grant under section 208 to assist the eligible Black
individual in identifying available agricultural land in the United
States that is suitable for purchase by the Secretary and conveyance to
the eligible Black individual under section 203.
(b) Subdivisions.--In carrying out subsection (a), a qualified
entity may assist eligible Black individuals in identifying land
described in that subsection that is suitable to be subdivided and
conveyed separately to multiple eligible Black individuals under
section 203.
SEC. 205. RESTRICTIONS ON CONVEYED LAND.
(a) In General.--Before conveying a land grant under section
203(a)(2), the Secretary shall attach to the land an easement requiring
that the land be--
(1) restricted in perpetuity for agricultural use, but with
an allowance for constructing or improving and maintaining 1
primary residence and housing for farmworkers on the land; and
(2) subject in perpetuity to the conservation requirements
that--
(A) an animal feeding operation may not be operated
on the land, with the exception that an animal feeding
operation with fewer than 299 animal units may be
operated during times of the year that outdoor access
is not possible due to weather conditions; and
(B) the land shall be subject to applicable highly
erodible land and wetland conservation requirements in
effect on the date of enactment of this Act under
subtitles B and C of title XII of the Food Security Act
of 1985 (16 U.S.C. 3811 et seq.).
(b) Right of Reentry.--
(1) In general.--A deed conveying a land grant under
section 203(a)(2) shall include a right of reentry for the
Secretary if the Secretary--
(A) determines, after giving notice and a
reasonable opportunity for a hearing, that a
requirement described in subsection (a) of an easement
attached to that land has been violated; and
(B) determines that the violation has not been
remedied within 60 days after the date of the
determination under subparagraph (A).
(2) Expiration.--The right of reentry described in
paragraph (1) shall expire on the date that is 5 years after
the date of conveyance.
(c) Right of First Refusal.--
(1) In general.--Beginning on the day after the expiration
date described in subsection (b)(2)--
(A) the recipient of the land grant may sell the
land; but
(B) the Secretary shall have a right of first
refusal to purchase the land at the appraised value of
the land.
(2) Delegation.--The Secretary may, on a case-by-case
basis, delegate the right of first refusal under paragraph
(1)(B) to a qualified entity that requests the delegation.
(d) Requirement.--If the Secretary purchases land under subsection
(c)(1)(B), the Secretary shall convey the land to another eligible
Black individual under section 203(a)(2).
SEC. 206. ELIGIBILITY FOR ASSISTANCE.
(a) Farm Operating Loans.--
(1) Eligible black individuals.--Beginning on the date of
conveyance of a land grant under section 203(a)(2), the
eligible Black individual that receives the land grant shall be
eligible for a direct operating loan under subtitle B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et
seq.), notwithstanding any borrower eligibility requirements
under subparagraph (B) or (D) of section 311(a)(1) of that Act
(7 U.S.C. 1941(a)(1)) for such a loan.
(2) Socially disadvantaged farmers and ranchers.--During
the 5-year period beginning on the date of enactment of this
Act, any socially disadvantaged farmer or rancher shall be
eligible for a direct operating loan under subtitle B of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et
seq.), notwithstanding any borrower eligibility requirements
under subparagraph (B) or (D) of section 311(a)(1) of that Act
(7 U.S.C. 1941(a)(1)) for such a loan.
(3) Interest and deferment.--In the case of an operating
loan under paragraph (1) or (2)--
(A) the interest rate shall be zero percent for the
first 7 years of the term of the loan; and
(B) the Secretary of Agriculture shall defer
payments for the first 24 months.
(b) Single Family Home Mortgages.--Beginning on the date of
conveyance of a land grant under section 203(a)(2), the eligible Black
individual that receives the land grant shall be eligible for a direct
loan under section 502 of the Housing Act of 1949 (42 U.S.C. 1472),
notwithstanding any borrower eligibility requirements for such a loan,
for the construction or improvement of a single family home on the
conveyed land.
(c) Funding.--There are authorized to be appropriated such sums as
are necessary to carry out this section for each of fiscal years 2021
through 2030.
SEC. 207. COMPLETION OF FARMER TRAINING PROGRAM AND SUCCESSION
PLANNING.
(a) Required Training.--As a condition on the receipt of a land
grant under section 203(a)(2), any recipient who does not have at least
2 years of prior experience in agriculture shall be required to
complete, at no cost, a farmer training program established pursuant to
section 208(a)(4).
(b) Optional Training.--Any eligible Black individual who has at
least 2 years of prior experience in agriculture, and any socially
disadvantaged farmer or rancher, may complete, at no cost, a farmer
training program established pursuant to section 208(a)(4).
(c) Succession Planning.--As a condition on the receipt of a land
grant under section 203(a)(2), each recipient shall collaborate with a
qualified entity to develop a succession plan.
SEC. 208. GRANTS FOR QUALIFIED ENTITIES.
(a) In General.--The Secretary shall establish a program to provide
grants to qualified entities to use as operating amounts--
(1) to support eligible Black individuals in identifying
land under section 204, including developing proposals for how
land may be subdivided as described in subsection (b) of that
section;
(2) to support eligible Black individuals in acquiring that
land through a land grant under section 203(a)(2), including by
submitting applications on behalf of eligible Black individuals
under section 203(d)(2);
(3) to support eligible Black individuals in starting up
farm operations on that land;
(4) to provide eligible Black individuals and socially
disadvantaged farmers and ranchers with farmer training; and
(5) to provide other assistance, including legal advocacy,
succession planning, and support for the development of farmer
cooperatives, to eligible Black individuals and other Black
farmers and ranchers.
(b) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000 for each of fiscal years 2021 through 2030
to carry out this section.
SEC. 209. FARM CONSERVATION CORPS.
(a) In General.--The Secretary shall establish a civilian
conservation corps, to be known as the ``Farm Conservation Corps'' to
provide young adults ages 18 to 29 from socially disadvantaged groups
with the academic, vocational, and social skills necessary to pursue
long-term, productive careers in farming and ranching.
(b) Requirement.--To the maximum extent practicable, the Secretary
shall enroll not fewer than 20,000 young adults in the Farm
Conservation Corps pursuant to subsection (a) in each of fiscal years
2021 through 2030.
(c) Farmworker Services.--Members of the Farm Conservation Corps
shall serve as on-farm apprentices, at no cost, to--
(1) socially disadvantaged farmers and ranchers, the annual
gross farm income of whom is less than $250,000;
(2) beginning farmers and ranchers, the annual gross farm
income of whom is less than $250,000; and
(3) farmers and ranchers operating certified organic farms
(as defined in section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502)), the annual gross farm income of whom
is less than $250,000.
(d) Duration of Participation.--An individual shall serve in the
Farm Conservation Corps for not more than 2 years.
(e) Housing and Care.--The Secretary shall provide to each member
of the Farm Conservation Corps, for the duration of the participation--
(1) housing, subsistence, clothing, medical attention
(including hospitalization), and transportation; or
(2) a cash allowance sufficient for the applicable locality
to cover costs described in paragraph (1).
(f) Compensation.--Members of the Farm Conservation Corps shall be
paid for their services as a farmworker at a rate consistent with the
minimum wage applicable to a nonimmigrant described in section
101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)) for services as a farmworker in the applicable
locality.
(g) Funding.--There is authorized to be appropriated, and there is
appropriated, out of amounts in the Treasury not otherwise
appropriated, $1,000,000,000 for each of fiscal years 2021 through 2030
to carry out this section.
SEC. 210. ANNUAL REPORT TO CONGRESS.
The Secretary shall submit to Congress and make publicly available
annual reports describing data on land grants under this title,
including--
(1) the number of land grants;
(2) the recipients of land grants;
(3) the total number of acres of land granted;
(4) the number of acres of land granted by county; and
(5) the types of new farming or ranching operations
established on the granted land.
TITLE III--FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
SEC. 301. FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) In General.--There is authorized to be appropriated, and there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, $500,000,000 for fiscal year 2021 and each of the
succeeding 9 fiscal years for the Secretary of Education to provide
funding to part B institutions (as defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)).
(b) Use of Funding.--The funding provided by subsection (a) shall
be used by part B institutions described in that subsection--
(1)(A) to commence new courses of study and expand existing
courses of study focused on careers in agriculture,
agriculture-related fields, or other related disciplines; and
(B) to recruit students for those courses of study; and
(2) to commence research to further the study of--
(A) regenerative agricultural practices; and
(B) market opportunities for socially disadvantaged
farmers and ranchers.
SEC. 302. USDA/1890 NATIONAL SCHOLARS PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1446 (7 U.S.C. 3222a)
the following:
``SEC. 1446A. USDA/1890 NATIONAL SCHOLARS PROGRAM.
``(a) Definition of Program.--In this section, the term `program'
means the USDA/1890 National Scholars Program established by the
Secretary.
``(b) Authorization.--The Secretary shall continue to carry out the
program.
``(c) Funding.--There is authorized to be appropriated, and there
is appropriated, out of amounts in the Treasury not otherwise
appropriated, $20,000,000 for each fiscal year to carry out the
program.''.
TITLE IV--LAND RETENTION AND CREDIT ASSISTANCE
SEC. 401. PROTECTIONS FOR LAND OWNERSHIP.
(a) Relending Program To Resolve Ownership and Succession on
Farmland.--Section 310I(g) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1936c(g)) is amended by striking ``through
2023'' and inserting ``and 2020 and $50,000,000 for each of fiscal
years 2021 through 2023''.
(b) Reports on Land Access and Farmland Ownership Data
Collection.--Section 12607(c) of the Agriculture Improvement Act of
2018 (7 U.S.C. 2204i(c)) is amended by striking ``through 2023'' and
inserting ``and 2020 and $10,000,000 for each of fiscal years 2021
through 2023''.
(c) Family Farmer Income.--Section 101(18)(A) of title 11, United
States Code, is amended, in the matter preceding clause (i), by
striking ``50 percent'' and inserting ``30 percent''.
SEC. 402. ACCESS TO CREDIT FOR SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS.
(a) National Socially Disadvantaged Farmer and Rancher Bank.--
(1) Definitions.--In this subsection--
(A) the term ``Bank'' means the National Socially
Disadvantaged Farmer and Rancher Bank established under
paragraph (2);
(B) the term ``community development financial
institution'' has the meaning given the term in section
103 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702); and
(C) the term ``eligible entity'' means--
(i) a credit union, mutual savings bank, or
mutual savings and loan association--
(I) that--
(aa) is operated on a
cooperative, not-for-profit
basis; and
(bb) provides financial
services or facilities for the
benefit of--
(AA) the members of
the entity; or
(BB) voting
stockholders who are
the ultimate recipients
of those financial
services or facilities;
and
(II) not less than 60 percent of
the members or voting stockholders of
which are socially disadvantaged
farmers or ranchers; or
(ii) a not-for-profit community development
financial institution, if not less than 75
percent of the total dollar value of the loans
made by the institution consist of loans made
to socially disadvantaged farmers or ranchers.
(2) Establishment of bank.--
(A) In general.--Congress hereby creates and
charters a bank to be known as the National Socially
Disadvantaged Farmer and Rancher Bank, the sole mission
of which shall be to provide financing and other
assistance in accordance with the requirements of this
subsection.
(B) Board of directors.--
(i) In general.--The Bank shall be governed
by a Board of Directors--
(I) which shall consist of 13
members; and
(II) each member of which shall be
appointed by the President, by and with
the advice and consent of the Senate.
(ii) Term.--Each member of the Board of
Directors of the Bank shall serve for a term of
3 years.
(3) Lending authority.--
(A) In general.--The Bank may make loans and loan
guarantees to eligible entities.
(B) Terms.--With respect to a loan made by the Bank
to an eligible entity--
(i) the term of the loan shall be 30 years;
(ii) the interest rate with respect to the
loan shall be the interest rate on 30-year
Treasury bonds, as of the date on which the
loan is made; and
(iii) before the end of the term described
in clause (i), the eligible entity--
(I) shall not be required to make
any principal payments with respect to
the loan; and
(II) shall make interest payments
with respect to the loan.
(C) Condition of financing for certain eligible
entities.--With respect to a loan or loan guarantee
made under this paragraph to an eligible entity
described in paragraph (1)(C)(ii), the Bank, as a
condition of the financing, shall require the eligible
entity to ensure that, for the full term of the loan or
loan guarantee made by the Bank, not less than 75
percent of the total dollar value of the loans made by
the eligible entity consist of loans made to socially
disadvantaged farmers or ranchers.
(4) Grant program.--
(A) In general.--The Bank shall establish a program
through which the Bank may make a grant to assist--
(i) an entity in becoming an eligible
entity; or
(ii) an eligible entity with the
commencement or expansion of operations of the
eligible entity, including with respect to
outreach, education, and training activities.
(B) Grant amount.--The amount of a grant made under
the program established under subparagraph (A) shall be
not more than $3,000,000.
(C) First award.--The first grant made by the Bank
under the program established under subparagraph (A)
shall be to an entity, not less than 60 percent of the
members or stockholders of which are Black farmers or
ranchers.
(5) Technical assistance.--The Bank shall establish a
program to provide technical assistance to eligible entities,
including assistance in obtaining--
(A) approval from the National Credit Union
Administration Board under section 104 of the Federal
Credit Union Act (12 U.S.C. 1754); and
(B) certification from the Community Development
Financial Institutions Fund established under section
104(a) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4701 et
seq.).
(6) Funding.--
(A) In general.--There are appropriated to the
Bank, out of any amounts in the Treasury not otherwise
appropriated, $1,000,000,000 to carry out this
subsection--
(i) which shall remain available until
expended; and
(ii) of which--
(I) not less than $50,000,000 shall
be used to make grants under the
program established under paragraph
(4); and
(II) not less than $50,000,000
shall be used to provide technical
assistance under paragraph (5).
(B) Emergency designation.--
(i) In general.--The amounts provided under
this paragraph are designated as an emergency
requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
(ii) Designation in senate.--In the Senate,
this subsection is designated as an emergency
requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
(b) CFPB Authority To Investigate Claims of Discrimination by Farm
Credit System Institutions.--Section 5.31 of the Farm Credit Act of
1971 (12 U.S.C. 2267) is amended--
(1) in the first sentence, by striking ``The Farm'' and
inserting the following:
``(a) In General.--Except as provided in subsection (b), the
Farm''; and
(2) by adding at the end the following:
``(b) Bureau of Consumer Financial Protection.--The Bureau of
Consumer Financial Protection shall have enforcement authority over
institutions and institution-affiliated parties with respect to claims
of discrimination.''.
(c) Establishment of Funding Goals.--The Secretary shall establish
goals for the funding of programs to address racial disparities in the
recipients of assistance provided by the Department of Agriculture,
including the programs under section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279), to ensure that
those programs directly support socially disadvantaged farmers and
ranchers.
(d) Public Awareness Campaigns.--
(1) In general.--The Secretary shall--
(A) conduct public awareness campaigns for socially
disadvantaged farmers and ranchers relating to programs
available for socially disadvantaged farmers and
ranchers through the Department of Agriculture; and
(B) use 50 percent of the amount made available
under paragraph (2) to provide funding for community
organizations with history of working with socially
disadvantaged farmers and ranchers to conduct
community-based outreach.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $50,000,000.
SEC. 403. ADDITIONAL CREDIT ASSISTANCE.
(a) Refinancing of Debt With Farm Loans.--
(1) Purposes of farm ownership loans.--Section 303(a)(1) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1923(a)(1)) is amended by striking subparagraph (E) and
inserting the following:
``(E) refinancing indebtedness.''.
(2) Purposes of operating loans.--Section 312(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1942(a))
is amended by striking paragraph (9) and inserting the
following:
``(9) refinancing the indebtedness of a borrower; or''.
(b) Removal of Eligibility Restriction Based on Previous Debt
Write-Down or Other Loss.--Section 373 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008h) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``and subsection (d)''
after ``paragraph (2)''; and
(B) in paragraph (2)(A)--
(i) by striking clause (i);
(ii) in clause (ii), by striking ``chapters
11, 12, or 13 of Title 11 of the'' and
inserting ``chapter 11, 12, or 13 of title
11,''; and
(iii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively;
and
(2) by adding at the end the following:
``(d) Prohibition on Eligibility Restriction Based on Debt Write-
Down or Other Loss.--The Secretary shall not restrict the eligibility
of a borrower for a farm ownership or operating loan under subtitle A
or B based on a previous debt write-down or other loss to the
Secretary.''.
(c) Authorization for Loans.--Section 346(b)(1) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$10,000,000,000 for each of fiscal years 2019 through 2023''
and inserting ``$20,000,000,000 for each of fiscal years 2021
through 2023''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $10,000,000,000 shall be for farm ownership
loans under subtitle A; and
``(B) $10,000,000,000 shall be for operating loans
under subtitle B.''.
(d) Loan Forgiveness for Settlements Applicants in Pigford I.--
(1) Definition of covered borrower.--In this subsection,
the term ``covered borrower'' means a Black farmer or rancher
that--
(A) submitted a claim under the settlement
agreement and consent decree in Pigford v. Glickman,
185 F.R.D. 82 (D.D.C. 1999); and
(B) as of the date of enactment of this Act, has
indebtedness on a loan made or guaranteed by the
Secretary.
(2) Loan forgiveness.--The Secretary shall--
(A) forgive the indebtedness of a covered borrower
on a loan made by the Secretary; and
(B) require a lender of a loan guaranteed by the
Secretary for a covered borrower to forgive the
indebtedness of that covered borrower on that loan.
(3) Tax treatment.--For purposes of the Internal Revenue
Code of 1986, no amount shall be includible in gross income of
a covered borrower by reason of the receipt of any loan
forgiveness or payment under this subsection.
(e) Farm Service Agency Loan Eligibility for Heirs With Undivided
Property Ownership Interests.--Subtitle D of the Consolidated Farm and
Rural Development Act is amended by inserting after section 331F (7
U.S.C. 1981f) the following:
``SEC. 331G. ELIGIBILITY OF TENANTS IN COMMON FOR LOANS.
``Notwithstanding any other provision of law, a tenant in common
shall be eligible for a direct or guaranteed farm ownership loan under
subtitle A, a direct or guaranteed operating loan under subtitle B, or
a direct or guaranteed emergency loan under subtitle C if the tenant in
common submits to the Secretary an agreement--
``(1) entered into by each person that owns a property
interest in or to the applicable property; and
``(2) that includes--
``(A) clear identification of--
``(i) the owners of the property, as of the
date on which the agreement is submitted; and
``(ii) the percentages of ownership of each
owner described in clause (i);
``(B) identification of the property and a
description of the proposed use of the property;
``(C) a process for payment of expenses and
application and disbursement of any proceeds or profits
among the owners of the property;
``(D) appointment of a lead responsible person for
farm management;
``(E) a dispute resolution process; and
``(F) a buy-out provision that allows an heir of
the property to sell the property interest of the heir
in and to the property.''.
SEC. 404. FORECLOSURE MORATORIUM.
Effective during the period beginning on the date of enactment of
this Act and ending on the date that is 1 year after the date on which
the public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID-19 is lifted,
there shall be a moratorium on the Department of Agriculture
instituting or completing any foreclosure action on a loan secured by a
first or subordinate lien on real property that includes a residence
and farmland.
TITLE V--AGRICULTURAL SYSTEM REFORMS
Subtitle A--Amendments to Packers and Stockyards Act, 1921
SEC. 501. DEFINITIONS.
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(a)) is amended--
(1) in paragraph (8), by striking ``for slaughter'' and all
that follows through ``of such poultry'' and inserting ``under
a poultry growing arrangement, regardless of whether the
poultry is owned by that person or another person'';
(2) in paragraph (9), by striking ``and cares for live
poultry for delivery, in accord with another's instructions,
for slaughter'' and inserting ``or cares for live poultry in
accordance with the instructions of another person'';
(3) in each of paragraphs (1) through (9), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (10)--
(A) by striking ``for the purpose of either
slaughtering it or selling it for slaughter by
another''; and
(B) by striking ``; and'' at the end and inserting
a period; and
(5) by adding at the end the following:
``(15) Formula price.--
``(A) In general.--The term `formula price' means
any price term that establishes a base from which a
purchase price is calculated on the basis of a price
that will not be determined or reported until a date
that is after the date on which the forward price is
established.
``(B) Exclusion.--The term `formula price' does not
include--
``(i) any price term that establishes a
base from which a purchase price is calculated
on the basis of a futures market price; or
``(ii) any adjustment to the base for
quality, grade, or other factors relating to
the value of livestock or livestock products
that are readily verifiable market factors and
are outside the control of the packer.
``(16) Forward contract.--The term `forward contract' means
an oral or written contract for the purchase of livestock that
provides for the delivery of the livestock to a packer at a
date that is more than 7 days after the date on which the
contract is entered into, without regard to whether the
contract is for--
``(A) a specified lot of livestock; or
``(B) a specified number of livestock over a
certain period of time.''.
SEC. 502. UNLAWFUL PRACTICES.
(a) In General.--Section 202 of the Packers and Stockyards Act,
1921 (7 U.S.C. 192) is amended--
(1) by redesignating subsections (a) through (f) and (g) as
paragraphs (1) through (6) and (10), respectively, and
indenting appropriately;
(2) by striking the section designation and all that
follows through ``It shall be'' in the matter preceding
paragraph (1) (as so redesignated) and inserting the following:
``SEC. 202. UNLAWFUL ACTS.
``(a) In General.--It shall be'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1) (as so
redesignated), by striking ``to:'' and inserting ``to
do any of the following:'';
(B) in each of paragraphs (1) through (6) (as so
redesignated), by striking ``; or'' each place it
appears and inserting a period;
(C) in paragraph (6) (as so redesignated)--
(i) by striking ``(1)'' and inserting
``(A)'';
(ii) by striking ``(2)'' and inserting
``(B)''; and
(iii) by striking ``(3)'' and inserting
``(C)'';
(D) by inserting after paragraph (6) the following:
``(7) Use, in effectuating any sale of livestock, a forward
contract that--
``(A) does not contain a firm base price that may
be equated to a fixed dollar amount on the date on
which the forward contract is entered into;
``(B) is not offered for bid in an open, public
manner under which--
``(i) buyers and sellers have the
opportunity to participate in the bid;
``(ii) more than 1 blind bid is solicited;
and
``(iii) buyers and sellers may witness bids
that are made and accepted;
``(C) is based on a formula price; or
``(D) provides for the sale of livestock in a
quantity in excess of--
``(i) in the case of cattle, 40 cattle;
``(ii) in the case of swine, 30 swine; and
``(iii) in the case of another type of
livestock, a comparable quantity of that type
of livestock, as determined by the Secretary.
``(8) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives a packer operational,
managerial, or supervisory control over the livestock, or over
the farming operation that produces the livestock, to such an
extent that the producer of the livestock is not materially
participating in the management of the operation with respect
to the production of the livestock, except that this paragraph
shall not apply to--
``(A) an arrangement entered into not more than 7
business days before slaughter of the livestock by a
packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled
by or under common control with, the packer;
``(B) a cooperative or entity owned by a
cooperative, if a majority of the ownership interest in
the cooperative is held by active cooperative members
that--
``(i) own, feed, or control the livestock;
and
``(ii) provide the livestock to the
cooperative for slaughter;
``(C) a packer that is not required to report to
the Secretary on each reporting day (as defined in
section 212 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1635a)) information on the price and quantity
of livestock purchased by the packer; or
``(D) a packer that owns only 1 livestock
processing plant.
``(9) Take any action that adversely affects or is likely
to adversely affect competition, regardless of whether there is
a business justification for the action.''; and
(E) in paragraph (10) (as so redesignated), by
striking ``subdivision (a), (b), (c), (d), or (e)'' and
inserting ``paragraphs (1) through (9)''; and
(4) by adding at the end the following:
``(b) Unfair, Discriminatory, and Deceptive Practices and
Devices.--Acts by a packer, swine contractor, or live poultry dealer
that violate subsection (a)(1) include the following:
``(1) Refusal to provide, on the request of a livestock
producer, swine production contract grower, or poultry grower
with which the packer, swine contractor, or live poultry dealer
has a marketing or delivery contract, the relevant statistical
information and data used to determine the compensation paid to
the livestock producer, swine production contract grower, or
poultry grower, as applicable, under the contract, including--
``(A) feed conversion rates by house, lot, or pen;
``(B) feed analysis;
``(C) breeder history;
``(D) quality grade;
``(E) yield grade; and
``(F) delivery volume for any certified branding
program (such as programs for angus beef or certified
grassfed or Berkshire pork).
``(2) Conduct or action that limits or attempts to limit by
contract the legal rights and remedies of a livestock producer,
swine production contract grower, or poultry grower, including
the right--
``(A) to a trial by jury, unless the livestock
producer, swine production contract grower, or poultry
grower, as applicable, is voluntarily bound by an
arbitration provision in a contract;
``(B) to pursue all damages available under
applicable law; and
``(C) to seek an award of attorneys' fees, if
available under applicable law.
``(3) Termination of a poultry growing arrangement or swine
production contract with no basis other than an allegation that
the poultry grower or swine production contract grower failed
to comply with an applicable law, rule, or regulation.
``(4) A representation, omission, or practice that is
likely to mislead a livestock producer, swine production
contract grower, or poultry grower regarding a material
condition or term in a contract or business transaction.
``(c) Undue or Unreasonable Preferences, Advantages, Prejudices,
and Disadvantages.--
``(1) In general.--Acts by a packer, swine contractor, or
live poultry dealer that violate subsection (a)(2) include the
following:
``(A) A retaliatory action (including coercion or
intimidation) or the threat of retaliatory action--
``(i) in connection with the execution,
termination, extension, or renewal of a
contract or agreement with a livestock
producer, swine production contract grower, or
poultry grower aimed to discourage the exercise
of the rights of the livestock producer, swine
production contract grower, or poultry grower
under this Act or any other law; and
``(ii) in response to lawful communication
(including as described in paragraph (2)),
association, or assertion of rights by a
livestock producer, swine production contract
grower, or poultry grower.
``(B) Use of the tournament system for poultry as
described in paragraph (3).
``(2) Lawful communication described.--A lawful
communication referred to in paragraph (1)(A)(ii) includes--
``(A) a communication with officials of a Federal
agency or Members of Congress;
``(B) any lawful disclosure that demonstrates a
reasonable belief of a violation of this Act or any
other law; and
``(C) any other communication that assists in
carrying out the purposes of this Act.
``(3) Use of tournament system for poultry.--
``(A) In general.--Subject to subparagraph (B), a
live poultry dealer shall be in violation of subsection
(a)(2) if the live poultry dealer determines the
formula for calculating the pay of a poultry grower in
a tournament group by comparing the performance of the
birds of other poultry growers in the group using
factors outside the control of the poultry grower and
within the control of the live poultry dealer.
``(B) Exception.--Under subparagraph (A), a live
poultry dealer shall not be found in violation of
subsection (a)(2) if the live poultry dealer
demonstrates through clear and convincing evidence that
the inputs and services described in subparagraph (C)
that were used in the comparative evaluation were
substantially the same in quality, quantity, and
timing, as applicable, for all poultry growers in the
tournament group.
``(C) Inputs and services described.--The inputs
and services referred to in subparagraph (B) include,
with respect to poultry growers in the same tournament
group--
``(i) the quantity, breed, sex, and age of
chicks delivered to each poultry grower;
``(ii) the breed and age of the breeder
flock from which chicks are drawn for each
poultry grower;
``(iii) the quality, type (such as starter
feed), and quantity of feed delivered to each
poultry grower;
``(iv) the quality of and access to
medications for the birds of each poultry
grower;
``(v) the number of birds in a flock
delivered to each poultry grower;
``(vi) the timing of the pick-up of birds
for processing (including the age of the birds
and the number of days that the birds are in
the care of the poultry grower) for each
poultry grower;
``(vii) the death loss of birds during
pick-up, transport, and time spent at the
processing plant for each poultry grower;
``(viii) condemnations of parts of birds
due to actions in processing for each poultry
grower;
``(ix) condemnations of whole birds due to
the fault of the poultry grower;
``(x) the death loss of birds due to the
fault of the poultry grower;
``(xi) the stated reasons for the cause of
the death losses and condemnations described in
clauses (vii) through (x);
``(xii) the type and classification of each
poultry grower; and
``(xiii) any other input or service that
may have an impact on feed conversion to weight
gain efficiency or the life span of the birds
of each poultry grower.
``(d) Harm to Competition Not Required.--In determining whether an
act, device, or conduct is a violation under paragraph (1) or (2) of
subsection (a), a finding that the act, device, or conduct adversely
affected or is likely to adversely affect competition is not
required.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), paragraph (8) of
section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)) shall take
effect on the date of enactment of this Act.
(2) Transition rules.--In the case of a packer that, on the
date of enactment of this Act, owns, feeds, or controls
livestock intended for slaughter in violation of paragraph (8)
of section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), that
paragraph shall take effect--
(A) in the case of a packer of swine, beginning on
the date that is 18 months after the date of enactment
of this Act; and
(B) in the case of a packer of any other type of
livestock, beginning not later than 180 days after the
date of enactment of this Act, as determined by the
Secretary.
SEC. 503. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 202 (7 U.S.C. 192) the following:
``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
``(a) Definitions.--In this section:
``(1) Covered packer.--
``(A) In general.--The term `covered packer' means
a packer that is required under subtitle B of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et
seq.) to report to the Secretary each reporting day
information on the price and quantity of livestock
purchased by the packer.
``(B) Exclusion.--The term `covered packer' does
not include a packer that owns only 1 livestock
processing plant.
``(2) Nonaffiliated producer.--The term `nonaffiliated
producer' means a producer of livestock--
``(A) that sells livestock to a packer;
``(B) that has less than 1 percent equity interest
in the packer;
``(C) that has no officers, directors, employees,
or owners that are officers, directors, employees, or
owners of the packer;
``(D) that has no fiduciary responsibility to the
packer; and
``(E) in which the packer has no equity interest.
``(3) Spot market sale.--
``(A) In general.--The term `spot market sale'
means a purchase and sale of livestock by a packer from
a producer--
``(i) under an agreement that specifies a
firm base price that may be equated with a
fixed dollar amount on the date the agreement
is entered into;
``(ii) under which the livestock are
slaughtered not more than 7 days after the date
on which the agreement is entered into; and
``(iii) under circumstances in which a
reasonable competitive bidding opportunity
exists on the date on which the agreement is
entered into.
``(B) Reasonable competitive bidding opportunity.--
For the purposes of subparagraph (A)(iii), a reasonable
competitive bidding opportunity shall be considered to
exist if--
``(i) no written or oral agreement
precludes the producer from soliciting or
receiving bids from other packers; and
``(ii) no circumstance, custom, or practice
exists that--
``(I) establishes the existence of
an implied contract (as determined in
accordance with the Uniform Commercial
Code); and
``(II) precludes the producer from
soliciting or receiving bids from other
packers.
``(b) General Rule.--Of the quantity of livestock that is
slaughtered by a covered packer during each reporting day in each
plant, the covered packer shall slaughter not less than the applicable
percentage specified in subsection (c) of the quantity through spot
market sales from nonaffiliated producers.
``(c) Applicable Percentages.--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage shall be 50 percent.
``(2) Exceptions.--In the case of a covered packer that
reported to the Secretary in the 2018 annual report that more
than 60 percent of the livestock of the covered packer were
committed procurement livestock, the applicable percentage
shall be the greater of--
``(A) the difference between the percentage of
committed procurement so reported and 100 percent; and
``(B)(i) during each of calendar years 2020 and
2021, 20 percent;
``(ii) during each of calendar years 2022 and 2023,
30 percent; and
``(iii) during calendar year 2024 and each calendar
year thereafter, 50 percent.
``(d) Nonpreemption.--This section does not preempt any requirement
of a State or political subdivision of a State that requires a covered
packer to purchase on the spot market a greater percentage of the
livestock purchased by the covered packer than is required under this
section.''.
SEC. 504. INVESTIGATION OF LIVE POULTRY DEALERS.
(a) Administrative Enforcement Authority Over Live Poultry
Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act,
1921 (7 U.S.C. 193, 194, 195) are amended by inserting ``, live poultry
dealer,'' after ``packer'' each place it appears.
(b) Authority To Request Temporary Injunction or Restraining
Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 228a(a)) is amended by inserting ``or poultry care'' after ``on
account of poultry''.
(c) Violations by Live Poultry Dealers.--Section 411 of the Packers
and Stockyards Act, 1921 (7 U.S.C. 228b-2) is amended--
(1) in subsection (a), in the first sentence, by striking
``any provision of section 207 or section 410 of''; and
(2) in subsection (b), in the first sentence, by striking
``any provisions of section 207 or section 410'' and inserting
``any provision''.
SEC. 505. AWARD OF ATTORNEY FEES.
Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194)
is amended by adding at the end the following:
``(i) Attorney's Fee.--The court shall award a reasonable
attorney's fee as part of the costs to a prevailing plaintiff in a
civil action under this section.''.
SEC. 506. TECHNICAL AMENDMENTS.
(a) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C.
193) is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``he shall cause'' and inserting
``the Secretary shall cause''; and
(B) by striking ``his charges'' and inserting ``the
charges'';
(2) in subsection (b), in the first sentence, by striking
``he shall make a report in writing in which he shall state his
findings'' and inserting ``the Secretary shall make a report in
writing in which the Secretary shall state the findings of the
Secretary''; and
(3) in subsection (c), by striking ``he'' and inserting
``the Secretary''.
(b) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C.
194) is amended--
(1) in subsection (a), by striking ``he has his'' and
inserting ``the packer, live poultry dealer, or swine
contractor has the'';
(2) in subsection (c), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer'';
(3) in subsection (f), in the second sentence--
(A) by striking ``his findings'' and inserting
``the findings of the Secretary''; and
(B) by striking ``he'' and inserting ``the
Secretary''; and
(4) in subsection (g), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer''.
Subtitle B--Local Agriculture Market Program
SEC. 511. LOCAL AGRICULTURE MARKET PROGRAM.
Section 210A(i)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627c(i)(1)) is amended by striking ``2019 and'' and inserting
``2019, and $500,000,000 for''.
Subtitle C--Conservation and Renewable Energy Programs
SEC. 521. CONSERVATION TECHNICAL ASSISTANCE.
Section 6 of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590f) is amended--
(1) by striking the section designation and heading and all
that follows through ``There is'' in subsection (a) and
inserting the following:
``SEC. 6. FUNDING; CONSERVATION TECHNICAL ASSISTANCE FUND.
``(a) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out this Act $2,100,000,000 for each fiscal year.
``(2) Authorization of appropriations.--There are''; and
(2) in the undesignated matter following paragraph (2) (as
so designated) of subsection (a), by striking
``Appropriations'' and inserting the following:
``(3) Availability of appropriations for nursery stock.--
Appropriations''.
SEC. 522. CONSERVATION STEWARDSHIP PROGRAM.
(a) Supplemental Payments for Climate Stewardship Practices.--
Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
24(d)) is amended--
(1) in the subsection heading, by striking ``Rotations and
Advanced Grazing Management'' and inserting ``Rotations,
Advanced Grazing Management, and Climate Stewardship
Practices'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Climate stewardship practice.--The term
`climate stewardship practice' means any of the
following practices:
``(i) Alley cropping.
``(ii) Biochar incorporation.
``(iii) Conservation cover.
``(iv) Conservation crop rotation.
``(v) Contour buffer strips.
``(vi) Contour farming.
``(vii) Cover crops.
``(viii) Critical area planting.
``(ix) Cross wind trap strips.
``(x) Field borders.
``(xi) Filter strips.
``(xii) Forage and biomass planting,
including the use of native prairie seed
mixtures.
``(xiii) Forest stand improvements.
``(xiv) Grassed waterways.
``(xv) Hedgerow planting.
``(xvi) Herbaceous wind barriers.
``(xvii) Multistory cropping.
``(xviii) Nutrient management, including
nitrogen stewardship activities.
``(xix) Prescribed grazing.
``(xx) Range planting.
``(xxi) Residue and tillage management with
no till.
``(xxii) Residue and tillage management
with reduced till.
``(xxiii) Riparian forest buffers.
``(xxiv) Riparian herbaceous buffers.
``(xxv) Silvopasture establishment.
``(xxvi) Stripcropping.
``(xxvii) Tree and shrub establishment,
including planting for a high rate of carbon
sequestration.
``(xxviii) Upland wildlife habitat.
``(xxix) Vegetative barriers.
``(xxx) Wetland restoration.
``(xxxi) Windbreak renovation.
``(xxxii) Windbreaks and shelterbelts.
``(xxxiii) Woody residue treatment.
``(xxxiv) Any other vegetative or
management conservation activity that
significantly--
``(I) reduces greenhouse gas
emissions;
``(II) increases carbon
sequestration; or
``(III) enhances resilience to
increased weather volatility.'';
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) conservation activities relating to climate
stewardship practices.''; and
(4) in paragraph (3), by striking ``rotations or advanced
grazing management'' and inserting ``rotations, advanced
grazing management, or conservation activities relating to
climate stewardship practices''.
(b) Payment Limitations.--Section 1240L(f) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-24(f)) is amended by striking ``fiscal years
2019 through 2023'' and inserting ``the period of fiscal years 2019
through 2023, the period of fiscal years 2024 through 2028, or the
period of fiscal years 2029 through 2033''.
(c) Funding.--Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2023'' and inserting ``2030''; and
(B) in paragraph (3)(B)--
(i) in clause (iii), by striking
``$750,000,000'' and inserting
``$2,750,000,000'';
(ii) in clause (iv)--
(I) by striking ``$800,000,000''
and inserting ``$2,800,000,000''; and
(II) by striking ``and'' at the
end;
(iii) in clause (v)--
(I) by striking ``$1,000,000,000''
and inserting ``$3,000,000,000''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(vi) $3,000,000,000 for each of fiscal
years 2024 through 2030.'';
(2) in subsection (b), by striking ``2023'' and inserting
``2030''; and
(3) by adding at the end the following:
``(k) Funding for Climate Stewardship Practices.--Of the funds made
available under subsection (a)(3)(B), the Secretary shall set aside
$2,000,000,000 for each of fiscal years 2021 through 2030 to be used
exclusively to enroll in the conservation stewardship program contracts
comprised predominantly of conservation activities relating to climate
stewardship practices (as defined in section 1240L(d)(1)) or bundles of
practices comprised predominantly of conservation activities relating
to climate stewardship practices (as so defined).''.
SEC. 523. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (c)(3)(A), by striking ``25'' and
inserting ``40''; and
(2) in subsection (f)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking ``for fiscal''
and all that follows through the period at the end and
inserting ``for each of fiscal years 2014 through 2020;
and''; and
(C) by adding at the end the following:
``(F) $500,000,000 for fiscal year 2021 and each
fiscal year thereafter.''.
SEC. 524. CONSERVATION AND RENEWABLE ENERGY PROGRAMS PRIORITY.
Each socially disadvantaged farmer or rancher, including each
eligible Black individual that receives a land grant under section
203(a)(2), shall be given priority--
(1) for conservation technical assistance under the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590a et
seq.);
(2) under the conservation stewardship program under
subchapter B of that chapter (16 U.S.C. 3839aa-21 et seq.); and
(3) under the Rural Energy for America Program established
under section 9007 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107).
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