[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]

<DOC>






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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