[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 278
To require the Secretary of Agriculture to provide assistance for
socially disadvantaged farmers and ranchers and socially disadvantaged
groups, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2021
Mr. Warnock (for himself, Mr. Booker, Mr. Lujan, Ms. Stabenow, Mr.
Leahy, and Ms. Klobuchar) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to provide assistance for
socially disadvantaged farmers and ranchers and socially disadvantaged
groups, 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.
This Act may be cited as the ``Emergency Relief for Farmers of
Color Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) various factors have contributed to the loss of Black
farmers, Indigenous farmers, and farmers of color in the United
States, including--
(A) mass and systemic loss of farmland owned and
operated by minority farmers;
(B) institutional civil rights violations by the
Federal Government;
(C) difficulties accessing debt and credit capital;
and
(D) other legal challenges that make it difficult
for minority farmers and farmworkers to participate in
the United States farm economy;
(2) a 2019 Government Accountability Office report found
that socially disadvantaged farmers and ranchers have more
difficulty getting loans and credit from the Department of
Agriculture, which can help beginning farmers break into the
business and help existing farmers continue running their
operations;
(3) the finding described in paragraph (2) highlights the
systemic racism that has hindered farmers of color for
generations and continues as of the date of enactment of this
Act;
(4) beginning in 1830, Native American removal was a
federally sanctioned practice, the impact of which still
detrimentally impacts Native American farmers today,
including--
(A) the moving of tens of thousands of original
inhabitants from traditional land;
(B) the disruption of land ownership and tenure;
and
(C) the reorientation of traditional farm
production techniques;
(5) according to the Census of Agriculture--
(A) approximately 80 percent of land was lost by
Black farmers from 1910 to 2007;
(B) in 1910, 14 percent of United States farmers
were Black; and
(C) in 2012, less than 2 percent of United States
farmers were Black;
(6) heirs' property refers to land that is informally
passed down from generation to generation without a legally
designated owner;
(7) due to lack of access to the legal system during
Reconstruction and distrust of the legal system during the Jim
Crow era, many Black families have relied on heirs' property to
keep land in their families, which has resulted in title issues
now hindering many Black families from obtaining credit;
(8) Hispanic farmers were unlawfully discriminated against
by the Department of Agriculture with respect to credit and
loan transaction and farm disaster benefits;
(9) there are various laws, regulations, and questionable
practices that have led to and are associated with land owned
by Black farmers, Indigenous farmers, and farmers of color
being acquired by developers, contrary to the will of the
farmers and land workers;
(10) numerous reports over 60 years have shown a consistent
pattern of discrimination at the Department of Agriculture
against Black farmers, Indigenous farmers, and farmers of
color;
(11) in 1965, the United States Commission on Civil Rights
found evidence of discrimination in program delivery and the
treatment of employees of color at the Department of
Agriculture;
(12) in the 1970s, the Department of Agriculture
deliberately forced Black farmers, Indigenous farmers, and
farmers of color off their land through corrupt loan and
financing practices;
(13) a 1982 report of the United States Commission on Civil
Rights concluded that racial discrimination was continuing
within the Department of Agriculture, and, despite lawsuits and
court orders, the discrimination continued in carrying out the
farm loan programs in the headquarters and the network of field
offices of the Department of Agriculture; and
(14) a 2008 Government Accountability Office report stated
there were ``significant deficiencies'' in addressing civil
rights issues by the Department of Agriculture and recommended
new measures to address the backlog of civil rights issues at
the Department of Agriculture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Farm loan.--The term ``farm loan'' means a loan
administered by the Farm Service Agency under subtitle A, B, or
C of the Consolidated Farm and Rural Development Act (7 U.S.C.
1922 et seq.).
(2) Qualified nonprofit organization.--The term ``qualified
nonprofit organization'' means an organization--
(A) that is a nonprofit;
(B) that has not less than 3 years of experience
providing meaningful agricultural, business assistance,
legal assistance, or advocacy services to socially
disadvantaged farmers or ranchers; and
(C) at least 50 percent of the members of the board
of directors of which are members of a socially
disadvantaged group.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Socially disadvantaged farmer or rancher.--The term
``socially disadvantaged farmer or rancher'' has the meaning
given the term in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
(5) Socially disadvantaged group.--The term ``socially
disadvantaged group'' has the meaning given the term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
SEC. 4. DEBT FORGIVENESS ON FARM SERVICE AGENCY LOANS.
(a) Purpose.--The purpose of this section is to address the
historical discrimination against socially disadvantaged farmers and
ranchers and address issues relating to the Coronavirus Disease 2019
(COVID-19)--
(1) in farm loan programs; and
(2) across the Department of Agriculture.
(b) Debt Forgiveness.--
(1) Direct loans.--The Secretary shall forgive the
obligation of each socially disadvantaged farmer or rancher who
is a borrower of a farm loan made by the Secretary to repay the
principal and interest outstanding as of the date of enactment
of this Act on the farm loan.
(2) Guaranteed loans.--The Secretary shall pay to each
lender of farm loans guaranteed by the Secretary an amount
equal to the principal and interest outstanding as of the date
of enactment of this Act on all farm loans held by the lender,
the borrowers of which are socially disadvantaged farmers and
ranchers, such that the borrowers shall be relieved of the
obligation to repay the principal and interest due on those
guaranteed farm loans.
(3) Applications.--
(A) Circumstances when not required.--The Secretary
shall not require a borrower of a farm loan for which
debt forgiveness may be provided under paragraph (1) or
(2) who has self-identified as a socially disadvantaged
farmer or rancher under a farm loan existing as of the
date of enactment of this Act to submit an application
for debt forgiveness under paragraph (1) or (2).
(B) Opportunity to submit.--The Secretary shall
provide to each socially disadvantaged farmer or
rancher who is a borrower of a farm loan for which debt
forgiveness may be provided under paragraph (1) or (2)
and who has not self-identified as a socially
disadvantaged farmer or rancher under a farm loan
existing as of the date of enactment of this Act an
opportunity to submit to the Secretary an application
for debt forgiveness under paragraph (1) or (2).
(4) Prohibition on future eligibility restriction.--The
Secretary shall not restrict the eligibility of a borrower for
a future farm loan based on the receipt of loan forgiveness
under this section.
(c) Funding.--There is appropriated to the Secretary, out of
amounts in the Treasury not otherwise appropriated, to carry out this
section $4,000,000,000 for the period of fiscal years 2021 through
2025.
SEC. 5. ADDITIONAL ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND
RANCHERS AND SOCIALLY DISADVANTAGED GROUPS.
(a) Equity Commission.--
(1) In general.--The Secretary shall establish an equity
commission composed of--
(A) officers of the Department of Agriculture;
(B) individuals with an interest in the activities
of the Department of Agriculture;
(C) socially disadvantaged farmers or ranchers with
not less than 10 years of experience in farming or
ranching;
(D) individuals with expertise in civil rights; and
(E) employees or board members of qualified
nonprofit organizations.
(2) Duties.--The equity commission established under
paragraph (1) shall--
(A) examine past discrimination by the Department
of Agriculture;
(B) examine and evaluate discrimination occurring
in programs administered by the Department of
Agriculture; and
(C) provide recommendations to the Secretary to
address and mitigate future discrimination by the
Department of Agriculture, including--
(i) budgetary recommendations; and
(ii) recommendations for improving the
structure of Farm Service Agency county
committees to better serve socially
disadvantaged farmers and ranchers.
(b) National Center for Minority Farmer Agricultural Law Research
and Information.--
(1) Establishment.--The Secretary shall make a competitive
grant to a school of law, or a legal research entity, in the
United States to establish the National Center for Minority
Farmer Agricultural Law Research and Information (referred to
in this subsection as the ``Center'').
(2) Activities.--The Center shall--
(A) conduct international, Federal, State, and
local legal research on the legal issues of minority
farmers and farmworkers relating to farmland, credit,
land ownership, and related food and agricultural
issues;
(B) provide information, community legal education,
policy research, and guidance on legal issues relating
to minority farmers and farmworkers to--
(i) practicing attorneys, including
attorneys providing pro bono assistance,
representing minority farmers and farmworkers,
including advice and brief services;
(ii) minority farmers and individuals
assisting minority farmers on legal issues;
(iii) food, agriculture, farmworker, and
farm organizations;
(iv) local, State, and Federal agencies;
(v) members of Congress; and
(vi) other persons who are assisting
minority farmers and farmworkers in addressing
the legal issues described in subparagraph (A);
and
(C) coordinate a national network of attorneys--
(i) providing legal assistance to minority
farmers and farmworkers; or
(ii) working on issues relevant to minority
farmers and farmworkers.
(3) Availability.--
(A) Center.--The Center shall make available to the
National Agricultural Library the research, community
legal education, policy research, guidance, advice, and
information of the Center.
(B) National agricultural library.--The National
Agricultural Library shall make available to the public
the research, community legal education, policy
research, guidance, advice, and information provided by
the Center under subparagraph (A).
(4) Collaboration.--The Center shall collaborate with--
(A) the National Agricultural Library; and
(B) the National Center for Agricultural Law
Research and Information.
(c) Grants and Loans To Resolve Ownership and Succession on
Farmland.--The Secretary shall make--
(1) grants to resolve property issues relating to ownership
and succession on farmland; and
(2) loans under section 310I of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1936c).
(d) Cooperatives Serving Socially Disadvantaged Groups.--The
Secretary shall provide financial assistance to cooperative development
centers, individual cooperatives, or groups of cooperatives--
(1) that serve socially disadvantaged groups; and
(2) a majority of the boards of directors or other
governing boards of which are composed of individuals who are
members of socially disadvantaged groups.
(e) Pilot Projects.--The Secretary may establish pilot projects to
provide technical and financial assistance to socially disadvantaged
farmers and ranchers, including projects that focus on land
acquisition, financial planning, technical assistance, and credit.
(f) Historical Discrimination.--The Secretary may provide financial
assistance to socially disadvantaged farmers or ranchers that--
(1) are former farm loan borrowers of the Department of
Agriculture; and
(2) have suffered adverse actions or past discrimination or
bias relating to the farm loan, as determined by the Secretary.
(g) Financial Institutions.--The Secretary may support the
development of agricultural credit financial institutions that are
designed to serve and finance socially disadvantaged groups, including
Farm Credit System institutions chartered under the Farm Credit Act of
1971 (12 U.S.C. 2001 et seq.).
(h) Financial and Technical Assistance.--The Secretary shall
provide financial assistance, outreach, mediation, financial training,
capacity building training, cooperative development training and
support, and other technical assistance to qualified nonprofit
organizations that provide services to socially disadvantaged farmers
and ranchers.
(i) 1890 Land-Grant Institutions and Certain Other Institutions.--
The Secretary shall support and supplement research, education, and
extension activities at--
(1) colleges or universities eligible to receive funds
under the Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C.
321 et seq.), including Tuskegee University;
(2) 1994 Institutions (as defined in section 532 of the
Equity in Education Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103-382));
(3) Alaska Native serving institutions and Native Hawaiian
serving institutions eligible to receive grants under
subsections (a) and (b), respectively, of section 1419B of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3156);
(4) Hispanic-serving institutions eligible to receive
grants under section 1455 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3241); and
(5) eligible institutions (as defined in section 1489 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3361)).
(j) Grants for Scholarships.--The Secretary shall provide grants
to--
(1) colleges or universities eligible to receive funds
under the Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C.
321 et seq.), including Tuskegee University, for student
scholarships; and
(2) land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103)) for
scholarships for students or prospective students who are--
(A) members of Indian Tribes; and
(B) pursuing an agricultural field of study.
(k) Funding.--There is appropriated to the Secretary, out of
amounts in the Treasury not otherwise appropriated, to carry out this
section $1,000,000,000 for fiscal year 2021, to remain available until
expended.
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