II 

118TH CONGRESS 

1ST SESSION S. 96 

To address the history of discrimination against Black farmers and ranchers, 

to require reforms within the Department of Agriculture to prevent 

future discrimination, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2023 

Mr. BOOKER (for himself, Ms. WARREN, Mrs. GILLIBRAND, Ms. SMITH, Mr. 

WARNOCK, Mr. SANDERS, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Justice for Black Farmers Act of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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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. 


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Sec. 523. Rural Energy for America Program. 

Sec. 524. Conservation and renewable energy programs priority. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture. 

5 (2) SOCIALLY DISADVANTAGED FARMER OR

6 RANCHER.—The term ‘‘socially disadvantaged farm7 er or rancher’’ means a farmer or rancher who is a 

8 member of a socially disadvantaged group. 

9 (3) SOCIALLY DISADVANTAGED GROUP.—The 

10 term ‘‘socially disadvantaged group’’ means a group 

11 whose members have been subjected to racial or eth12 nic prejudice because of their identity as members of 

13 a group without regard to their individual qualities. 

14 TITLE I—DEPARTMENT OF AGRI15 CULTURE CIVIL RIGHTS RE16 FORMS 

17 SEC. 101. DEFINITIONS. 

18 In this title: 

19 (1) ASSISTANT SECRETARY.—The term ‘‘Assist20 ant Secretary’’ means the Assistant Secretary of Ag21 riculture for Civil Rights. 

22 (2) BOARD.—The term ‘‘Board’’ means the De23 partment of Agriculture Civil Rights Oversight 

24 Board established by section 102(a). 


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1 (3) COMMISSION.—The term ‘‘Commission’’ 

2 means the Equity Commission established by section 

3 103(a)(1). 

4 (4) OFFICE.—The term ‘‘Office’’ means the Of5 fice of the Assistant Secretary. 

6 SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD. 

7 (a) IN GENERAL.—There is established in the De8 partment of Agriculture an independent board, to be 

9 known as the ‘‘Department of Agriculture Civil Rights 

10 Oversight Board’’— 

11 (1) to oversee the Office; and 

12 (2) to protect the rights of individuals who seek 

13 to file, or do file, a discrimination complaint with the 

14 Office. 

15 (b) DUTIES.—The Board shall— 

16 (1)(A) conduct a de novo review with fact find17 ing power, including notice and opportunity for a 

18 hearing, of any appeal of a decision made by the Of19 fice, including any appeal of a dismissal of a com20 plaint; and 

21 (B) issue a written decision within 180 days of 

22 receipt of an appeal or dismissal described in sub23 paragraph (A); 

24 (2) investigate reports of discrimination within 

25 the Department of Agriculture, make findings of 


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1 fact and conclusions of law in accordance with the 

2 findings, and recommend to the Secretary appro3 priate actions relative to specific findings; 

4 (3) recommend improvements to Department of 

5 Agriculture policies and procedures to address pat6 terns and practices of discrimination and to prevent 

7 further discrimination; 

8 (4) conduct regular reviews to assess the com9 pliance of the Office with civil rights, fair employ10 ment, and pay equity laws and policies applicable to 

11 the Office; 

12 (5) provide oversight over Farm Service Agency 

13 county committees; 

14 (6)(A) assess the progress made by the pro15 grams and policies established under this Act and 

16 the amendments made by this Act; and 

17 (B) submit recommendations for improvements 

18 to those programs or policies to the Secretary; and 

19 (7)(A) prepare an annual report on the status 

20 of socially disadvantaged farmers and ranchers and 

21 the treatment of socially disadvantaged farmers and 

22 ranchers by the Department of Agriculture; 

23 (B) make each report prepared under subpara24 graph (A) publicly available; and 


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1 (C) submit each report prepared under sub2 paragraph (A) to the Attorney General. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated for each of fiscal years 

5 2023 through 2032 such sums as are necessary to carry 

6 out this section. 

7 SEC. 103. EQUITY COMMISSION. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established in the 

10 Department of Agriculture the Equity Commission, 

11 the purposes of which are— 

12 (A) to study historical and continuing dis13 crimination by the Department of Agriculture 

14 against Black farmers and ranchers that is fos15 tered or perpetuated by the laws, policies, or 

16 practices of the Department of Agriculture; and 

17 (B) to recommend actions to end the sys18 tematic disparities in treatment of Black farm19 ers and ranchers, particularly by the Depart20 ment of Agriculture. 

21 (2) MEMBERSHIP.— 

22 (A) COMPOSITION.—The Commission shall 

23 be composed of 9 members, to be appointed by 

24 the Secretary, of whom— 


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1 (i) 3 shall be Black farmers or ranch2 ers with not less than 10 years of experi3 ence in farming or ranching; 

4 (ii) 3 shall be employees or board 

5 members of nonprofit organizations that 

6 have not less than 7 years of experience 

7 providing meaningful agricultural, business 

8 assistance, legal assistance, or advocacy 

9 services to Black farmers or ranchers; and 

10 (iii) 3 shall be faculty or staff from 

11 1890 Institutions (as defined in section 2 

12 of the Agricultural Research, Extension, 

13 and Education Reform Act of 1998 (7 

14 U.S.C. 7601)) or the University of the Dis15 trict of Columbia. 

16 (B) DATE.—The appointments of the 

17 members of the Commission shall be made not 

18 later than 90 days after the date of enactment 

19 of this Act. 

20 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

21 (A) IN GENERAL.—A member of the Com22 mission shall be appointed for the life of the 

23 Commission. 

24 (B) VACANCIES.—A vacancy in the Com25 mission— 


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1 (i) shall not affect the powers of the 

2 Commission; and 

3 (ii) shall be filled in the same manner 

4 as the original appointment. 

5 (4) MEETINGS.— 

6 (A) INITIAL MEETING.—Not later than 30 

7 days after the date on which all members of the 

8 Commission have been appointed, the Commis9 sion shall hold the first meeting of the Commis10 sion. 

11 (B) FREQUENCY.—The Commission shall 

12 meet at the call of the Chairperson. 

13 (C) QUORUM.—A majority of the members 

14 of the Commission shall constitute a quorum, 

15 but a lesser number of members may hold hear16 ings. 

17 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 

18 The Commission shall select a Chairperson and Vice 

19 Chairperson from among the members of the Com20 mission. 

21 (b) DUTIES OF THE COMMISSION.— 

22 (1) STUDY.—The Commission shall study dis23 crimination against Black farmers and ranchers by 

24 the Department of Agriculture, including by con25 ducting investigations of— 


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1 (A) the prevalence of discrimination 

2 against Black farmers and ranchers in Depart3 ment of Agriculture agencies and programs, in4 cluding Farm Service Agency county commit5 tees; and 

6 (B) the status of claimants who filed for 

7 relief under the settlement agreement and con8 sent decree in Pigford v. Glickman, 185 F.R.D. 

9 82 (D.D.C. 1999) or the settlement agreement 

10 in In re Black Farmers Discrimination Litiga11 tion, Misc. No. 08–mc–0511 (PLF), with a par12 ticular focus on the status of claimants who did 

13 not receive payments. 

14 (2) RECOMMENDATIONS.—The Commission 

15 shall develop recommendations for— 

16 (A) ending the systematic disparities in 

17 treatment of Black farmers and ranchers, par18 ticularly by the Department of Agriculture; 

19 (B) improving the structure of Farm Serv20 ice Agency county committees to better serve 

21 socially disadvantaged farmers and ranchers, 

22 including, if necessary, recommending the elimi23 nation and replacement of those committees; 

24 and 


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1 (C) addressing any mishandling of pay2 ments identified through studying the matters 

3 under paragraph (1)(B). 

4 (3) OUTREACH.—In studying the matters under 

5 paragraph (1) and developing recommendations 

6 under paragraph (2), the Commission shall— 

7 (A) consult with the Socially Disadvan8 taged Farmers and Ranchers Policy Research 

9 Center; and 

10 (B) hold town hall meetings with socially 

11 disadvantaged farmers and ranchers, research12 ers, and civil rights advocates. 

13 (4) REPORT.—Not later than 2 years after the 

14 date of enactment of this Act, the Commission shall 

15 make publicly available a detailed report that de16 scribes— 

17 (A) the findings of the study under para18 graph (1); and 

19 (B) the recommendations developed under 

20 paragraph (2). 

21 (c) POWERS OF COMMISSION.— 

22 (1) HEARINGS.—The Commission shall hold 

23 open, televised, and public hearings, during which 

24 the Commission may sit and act at such times and 

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1 dence as the Commission considers advisable to 

2 carry out this section. 

3 (2) INFORMATION FROM FEDERAL AGENCIES.— 

4 (A) IN GENERAL.—The Commission may 

5 secure directly from a Federal department or 

6 agency such information as the Commission 

7 considers necessary to carry out this section. 

8 (B) FURNISHING INFORMATION.—On re9 quest of the Chairperson of the Commission, 

10 the head of the department or agency shall fur11 nish the information to the Commission. 

12 (3) POSTAL SERVICES.—The Commission may 

13 use the United States mails in the same manner and 

14 under the same conditions as other departments and 

15 agencies of the Federal Government. 

16 (4) GIFTS.—The Commission may accept, use, 

17 and dispose of gifts or donations of services or prop18 erty. 

19 (d) COMMISSION PERSONNEL MATTERS.— 

20 (1) COMPENSATION OF MEMBERS.—A member 

21 of the Commission who is not an officer or employee 

22 of the Federal Government shall be compensated at 

23 a rate equal to the daily equivalent of the annual 

24 rate of basic pay prescribed for level IV of the Exec25 utive Schedule under section 5315 of title 5, United 


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1 States Code, for each day (including travel time) 

2 during which the member is engaged in the perform3 ance of the duties of the Commission. 

4 (2) TRAVEL EXPENSES.—A member of the 

5 Commission shall be allowed travel expenses, includ6 ing per diem in lieu of subsistence, at rates author7 ized for employees of agencies under subchapter I of 

8 chapter 57 of title 5, United States Code, while 

9 away from their homes or regular places of business 

10 in the performance of services for the Commission. 

11 (3) STAFF.— 

12 (A) IN GENERAL.—The Chairperson of the 

13 Commission may, without regard to the civil 

14 service laws (including regulations), appoint 

15 and terminate an executive director and such 

16 other additional personnel as may be necessary 

17 to enable the Commission to perform its duties, 

18 except that the employment of an executive di19 rector shall be subject to confirmation by the 

20 Commission. 

21 (B) COMPENSATION.—The Chairperson of 

22 the Commission may fix the compensation of 

23 the executive director and other personnel with24 out regard to chapter 51 and subchapter III of 

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1 ing to classification of positions and General 

2 Schedule pay rates, except that the rate of pay 

3 for the executive director and other personnel 

4 may not exceed the rate payable for level V of 

5 the Executive Schedule under section 5316 of 

6 that title. 

7 (4) DETAIL OF GOVERNMENT EMPLOYEES.—A 

8 Federal Government employee may be detailed to 

9 the Commission without reimbursement, and such 

10 detail shall be without interruption or loss of civil 

11 service status or privilege. 

12 (5) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The Chairperson of the Com14 mission may procure temporary and intermittent 

15 services under section 3109(b) of title 5, United 

16 States Code, at rates for individuals that do not ex17 ceed the daily equivalent of the annual rate of basic 

18 pay prescribed for level V of the Executive Schedule 

19 under section 5316 of that title. 

20 (e) TERMINATION OF COMMISSION.—The Commis21 sion shall terminate on the date that is 30 days after the 

22 date on which the Commission makes publicly available 

23 the report under subsection (b)(4). 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for each of fiscal years 


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1 2023 through 2032 such sums as are necessary to carry 

2 out this section. 

3 SEC. 104. OFFICE OF THE ASSISTANT SECRETARY FOR 

4 CIVIL RIGHTS REFORMS. 

5 (a) OMBUDSMAN.—The Secretary shall establish in 

6 the Department of Agriculture a position of Civil Rights 

7 Ombudsman— 

8 (1) to assist individuals in navigating Office 

9 programs; and 

10 (2) to provide recommendations to the Sec11 retary for grants provided under subsection (g). 

12 (b) DEADLINE FOR DECISIONS.—Not later than 180 

13 days after the date on which the Office receives a civil 

14 rights complaint, the Assistant Secretary shall make a 

15 final decision of the Assistant Secretary regarding the 

16 merit of the complaint and the appropriate disposition of 

17 the matter. 

18 (c) APPEALS TO BOARD.— 

19 (1) IN GENERAL.—A person that receives an 

20 adverse decision or dismissal by the Office on a civil 

21 rights complaint filed by the person may appeal the 

22 decision or dismissal to the Board for a final deci23 sion. 

24 (2) DEADLINE.—An appeal under paragraph 

25 (1) shall be filed not later than 1 year after the date 


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1 of the adverse decision or dismissal described in that 

2 paragraph. 

3 (3) EFFECT OF BOARD DECISION.—A decision 

4 of the Board on an appeal filed under paragraph 

5 (1), or a dismissal of such an appeal for lack of ju6 risdiction, shall constitute exhaustion of administra7 tive remedies and be reviewable in Federal court. 

8 (d) MORATORIUM ON FORECLOSURES.—The Sec9 retary shall not take any action on a foreclosure pro10 ceeding against any farmer or rancher during any period 

11 that a civil rights complaint filed by the farmer or rancher 

12 with the Office is outstanding, including an appeal to the 

13 Board under subsection (c)(1). 

14 (e) REPORTS.—The Assistant Secretary shall— 

15 (1) publish on the website of the Office and 

16 submit to the Board a report of each civil rights 

17 complaint filed with the Office and the results of 

18 each such complaint; and 

19 (2) include in each report described in para20 graph (1) a description of the race, ethnicity, gen21 der, and geographic region of the complainant. 

22 (f) PROHIBITION ON INTERFERENCE BY THE OFFICE

23 OF THE GENERAL COUNSEL.—The Office of General 

24 Counsel of the Department of Agriculture shall not have 

25 any involvement with the investigation, adjudication, or 


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1 resolution of any civil rights complaint brought against the 

2 Secretary. 

3 (g) GRANTS.— 

4 (1) IN GENERAL.—The Secretary, based on rec5 ommendations from the Civil Rights Ombudsman, 

6 shall provide grants to community-based organiza7 tions and advocates with a history of working with 

8 socially disadvantaged farmers and ranchers to pro9 vide technical assistance to farmers and ranchers 

10 seeking to file a civil rights complaint with the Of11 fice. 

12 (2) FUNDING.—There is authorized to be ap13 propriated, and there is appropriated, out of 

14 amounts in the Treasury not otherwise appropriated, 

15 $50,000,000 for each of fiscal years 2023 through 

16 2032 to carry out this subsection. 

17 (h) DIRECT REPORTING TO THE SECRETARY OF AG18 RICULTURE.—Section 218(c) of the Department of Agri19 culture Reorganization Act of 1994 (7 U.S.C. 6918(c)) is 

20 amended— 

21 (1) in the subsection heading, by striking ‘‘DU22 TIES OF’’; 

23 (2) by redesignating paragraphs (1) through 

24 (3) as subparagraphs (A) through (C), respectively, 

25 and indenting appropriately; 


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1 (3) in the matter preceding subparagraph (A) 

2 (as so redesignated), by striking ‘‘The Secretary’’ 

3 and inserting the following: 

4 ‘‘(1) DUTIES.—The Secretary’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(2) DIRECT REPORTING TO THE SEC7 RETARY.—If the Secretary establishes the position 

8 of Assistant Secretary for Civil Rights under sub9 section (a)(3), the Assistant Secretary for Civil 

10 Rights shall report directly to the Secretary.’’. 

11 (i) AUTHORIZATION OF APPROPRIATIONS.—In addi12 tion to amounts made available under subsection (g)(2), 

13 there are authorized to be appropriated for each of fiscal 

14 years 2023 through 2032 such sums as are necessary to 

15 carry out this section and the amendments made by this 

16 section. 

17 SEC. 105. DATA COLLECTION AND REPORTING. 

18 (a) IN GENERAL.—The Secretary shall make publicly 

19 available annual reports describing data on the recipients 

20 of Department of Agriculture assistance, including assist21 ance from farm subsidy programs, and the amounts of the 

22 assistance, delineated by the race, ethnicity, and gender 

23 of the recipients. 

24 (b) ERS RESEARCH OF SOCIALLY DISADVANTAGED

25 FARMERS AND RANCHERS.—The Secretary, acting 


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1 through the Administrator of the Economic Research 

2 Service, shall conduct research on the status of socially 

3 disadvantaged farmers and ranchers, including— 

4 (1) the share of land ownership of those socially 

5 disadvantaged farmers and ranchers as compared to 

6 all farmers and ranchers, delineated by the race, 

7 ethnicity, and gender of the landowners; 

8 (2) the share of the amount of assistance those 

9 socially disadvantaged farmers and ranchers receive 

10 from the Department of Agriculture as compared to 

11 all farmers and ranchers, delineated by the race, 

12 ethnicity, and gender of the recipients; 

13 (3) the share, status, and receipt of Farm Cred14 it System loans by socially disadvantaged farmers 

15 and ranchers as compared to all farmers and ranch16 ers, delineated by the race, ethnicity, and gender of 

17 the recipients; and 

18 (4) an assessment of the reasons for disparities 

19 in land ownership, assistance from the Department 

20 of Agriculture, and Farm Credit System loans for 

21 socially disadvantaged farmers and ranchers com22 pared to all farmers and ranchers. 

23 (c) ERS RESEARCH OF FARMWORKERS.—The Sec24 retary, acting through the Administrator of the Economic 


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1 Research Service, shall conduct research on the demo2 graphics and status of farmworkers, including— 

3 (1) the races, ethnicities, ages, localities, wages 

4 and benefits, and working conditions of farm5 workers; 

6 (2) the economic contributions of farmworkers 

7 to the United States economy; and 

8 (3) satisfaction of farmworkers with their em9 ployment. 

10 (d) CENSUS OF AGRICULTURE.—The Secretary, act11 ing through the Administrator of the National Agricul12 tural Statistics Service, shall— 

13 (1) investigate historical changes in reporting 

14 methodology and misreporting of Black farmers and 

15 ranchers in the census of agriculture; 

16 (2) develop procedures to ensure that census of 

17 agriculture surveys accurately capture the status of 

18 socially disadvantaged farmers and ranchers engaged 

19 in urban agriculture; and 

20 (3) conduct, concurrently with each census of 

21 agriculture, a review to assess— 

22 (A) the outreach and methodologies used 

23 in conducting the census of agriculture; and 


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1 (B) how such outreach and methodologies 

2 have affected the counting of socially disadvan3 taged farmers and ranchers. 

4 (e) CORPORATE OWNERSHIP OF FARMLAND.—The 

5 Secretary shall annually conduct, and annually make pub6 licly available reports describing, in-depth research and 

7 analysis of corporate (domestic and foreign) land invest8 ment and ownership in the United States, with specific 

9 attention given to the impact of corporate land investment 

10 and ownership on— 

11 (1) land consolidation trends in the United 

12 States; 

13 (2) challenges and opportunities for new and 

14 beginning farmers and ranchers accessing land for 

15 farming or ranching; 

16 (3) challenges and opportunities for members of 

17 socially disadvantaged groups accessing land for 

18 farming or ranching; and 

19 (4) crop selection and production trends. 

20 (f) FUNDING.—There is authorized to be appro21 priated, and there is appropriated, out of amounts in the 

22 Treasury not otherwise appropriated, $10,000,000 for 

23 each of fiscal years 2023 through 2032 to carry out this 

24 section. 


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1 TITLE II—BLACK FARMER LAND 

2 GRANTS 

3 SEC. 201. DEFINITIONS. 

4 In this title: 

5 (1) ANIMAL FEEDING OPERATION.—The term 

6 ‘‘animal feeding operation’’ means a lot or facility at 

7 which— 

8 (A) for not less than a total of 45 days in 

9 any 12-month period, animals (other than 

10 aquatic animals) are— 

11 (i) stabled or confined; and 

12 (ii) fed or maintained; and 

13 (B) crops, vegetation, forage growth, or 

14 postharvest residues are not sustained in the 

15 normal growing season over any portion of the 

16 lot or facility. 

17 (2) ELIGIBLE BLACK INDIVIDUAL.—The term 

18 ‘‘eligible Black individual’’ means a person who— 

19 (A) was born in the United States; 

20 (B) is at least 21 years of age; 

21 (C) has previously identified as Black or 

22 African American; and 

23 (D) has at least 1 parent of African ances24 try. 


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1 (3) FARMER TRAINING.—The term ‘‘farmer 

2 training’’ means a program that— 

3 (A) provides eligible Black individuals and 

4 other enrollees with the basic skills to operate 

5 a farm or ranch profitably with a primary focus 

6 on regenerating the soil, ecosystem, and local 

7 community; 

8 (B) provides a course of study that is 

9 equivalent to not less than 30 academic credit 

10 hours of study, which may be provided as direct 

11 in-field instruction; 

12 (C) is approved by the Undersecretary of 

13 the Equitable Land Access Service as an au14 thorized program to meet the farmer training 

15 program requirement under section 207(a) for 

16 recipients of land grants under section 

17 203(a)(2); 

18 (D) focuses training on low-capital-inten19 sive techniques and technologies; and 

20 (E) includes a robust study of local and re21 gional food systems and the market opportuni22 ties those systems present. 

23 (4) QUALIFIED ENTITY.—The term ‘‘qualified 

24 entity’’ means— 

25 (A) an organization— 


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1 (i)(I) described in section 501(c)(3) of 

2 the Internal Revenue Code of 1986 and ex3 empt from taxation under 501(a) of that 

4 Code; or 

5 (II) that has a fiscal sponsor that is 

6 an organization described in subclause (I); 

7 (ii) that has not less than 3 years of 

8 experience providing meaningful agricul9 tural, business assistance, legal assistance, 

10 or advocacy services to Black farmers or 

11 ranchers; and 

12 (iii) at least 50 percent of the mem13 bers of the board of directors of which are 

14 Black; and 

15 (B) an 1890 Institution (as defined in sec16 tion 2 of the Agricultural Research, Extension, 

17 and Education Reform Act of 1998 (7 U.S.C. 

18 7601)), including the University of the District 

19 of Columbia. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary, acting through the Under Secretary 

22 of Agriculture for Equitable Land Access. 


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1 SEC. 202. ESTABLISHMENT OF THE UNDER SECRETARY OF 

2 AGRICULTURE FOR EQUITABLE LAND AC3 CESS AND THE EQUITABLE LAND ACCESS 

4 SERVICE. 

5 (a) ESTABLISHMENT.—The Department of Agri6 culture Reorganization Act of 1994 (7 U.S.C. 6901 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘Subtitle L—Equitable Land Access 

9 ‘‘SEC. 297. UNDER SECRETARY OF AGRICULTURE FOR EQUI10 TABLE LAND ACCESS. 

11 ‘‘(a) IN GENERAL.—The Secretary shall establish in 

12 the Department the position of Under Secretary of Agri13 culture for Equitable Land Access. 

14 ‘‘(b) CONFIRMATION REQUIRED.—The Under Sec15 retary of Agriculture for Equitable Land Access shall be 

16 appointed by the President, by and with the advice and 

17 consent of the Senate. 

18 ‘‘(c) FUNCTIONS.—The Secretary shall delegate to 

19 the Under Secretary of Agriculture for Equitable Land 

20 Access the functions of the Department carried out 

21 through the Equitable Land Access Service. 

22 ‘‘SEC. 297A. EQUITABLE LAND ACCESS SERVICE. 

23 ‘‘(a) ESTABLISHMENT.—There is established in the 

24 Department the Equitable Land Access Service. 


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1 ‘‘(b) UNDER SECRETARY.—The Equitable Land Ac2 cess Service shall be headed by the Under Secretary of 

3 Agriculture for Equitable Land Access. 

4 ‘‘(c) FUNCTIONS.—The Secretary shall carry out 

5 through the Equitable Land Access Service title II of the 

6 Justice for Black Farmers Act of 2023.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) Subtitle A of the Department of Agriculture 

9 Reorganization Act of 1994 is amended by redesig10 nating section 225 (7 U.S.C. 6925) as section 224A. 

11 (2) Section 296(b) of the Department of Agri12 culture Reorganization Act of 1994 (7 U.S.C. 

13 7014(b)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(11) The authority of the Secretary to carry 

16 out the amendments made to this Act by the Justice 

17 for Black Farmers Act of 2023.’’. 

18 (3) Section 5314 of title 5, United States Code, 

19 is amended by inserting after the item relating to 

20 the Under Secretary of Agriculture for Marketing 

21 and Regulatory Programs the following: 

22 ‘‘Under Secretary of Agriculture for Equitable 

23 Land Access.’’. 

24 SEC. 203. PROVISION OF LAND GRANTS. 

25 (a) IN GENERAL.—The Secretary shall— 


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1 (1) purchase from willing sellers, at a price not 

2 greater than fair market value, available agricultural 

3 land in the United States; and 

4 (2) subject to section 205, convey grants of that 

5 land to eligible Black individuals at no cost to the 

6 eligible Black individuals. 

7 (b) REQUIREMENT.—To the maximum extent prac8 ticable, if sufficient applications are submitted by eligible 

9 Black individuals, the Secretary shall convey not less than 

10 20,000 land grants to eligible Black individuals under sub11 section (a)(2) for each of fiscal years 2023 through 2032. 

12 (c) MAXIMUM ACREAGE.—A land grant to an eligible 

13 Black individual under subsection (a)(2) shall be not more 

14 than 160 acres. 

15 (d) APPLICATIONS.— 

16 (1) IN GENERAL.—An eligible Black individual 

17 seeking a land grant under subsection (a)(2) shall 

18 submit to the Secretary an application at such time, 

19 in such manner, and containing such information as 

20 the Secretary may require, including a legal descrip21 tion of the land identified under section 204 of 

22 which the eligible Black individual is seeking the 

23 grant. 

24 (2) QUALIFIED ENTITIES.— 


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1 (A) IN GENERAL.—A qualified entity that 

2 receives a grant under section 208 may submit 

3 to the Secretary an application under para4 graph (1) on behalf of 1 or more eligible Black 

5 individuals seeking a land grant under sub6 section (a)(2). 

7 (B) APPLICATIONS TO SUBDIVIDE AND

8 CONVEY.—If applicable, an application sub9 mitted under subparagraph (A) shall include a 

10 proposal for how the land will be subdivided 

11 and conveyed separately to eligible Black indi12 viduals as described in section 204(b). 

13 (e) PRIORITY.—The Secretary shall give priority to 

14 applications submitted under subsection (c) for land 

15 grants to— 

16 (1) eligible Black individuals who are currently 

17 farmers or ranchers; 

18 (2) eligible Black individuals with a family his19 tory of land dispossession; 

20 (3) eligible Black individuals with experience in 

21 agriculture, including experience obtained through 

22 participation in the Farm Conservation Corps estab23 lished under section 209; and 

24 (4) eligible Black individuals who are veterans. 


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1 (f) FUNDING.—There is authorized to be appro2 priated, and there is appropriated, out of amounts in the 

3 Treasury not otherwise appropriated, $8,000,000,000 for 

4 each of fiscal years 2023 through 2032 to carry out this 

5 section. 

6 SEC. 204. IDENTIFICATION OF LAND. 

7 (a) IN GENERAL.—The Secretary shall refer an eligi8 ble Black individual seeking a land grant under section 

9 203 to a qualified entity that receives a grant under sec10 tion 208 to assist the eligible Black individual in identi11 fying available agricultural land in the United States that 

12 is suitable for purchase by the Secretary and conveyance 

13 to the eligible Black individual under section 203. 

14 (b) SUBDIVISIONS.—In carrying out subsection (a), 

15 a qualified entity may assist eligible Black individuals in 

16 identifying land described in that subsection that is suit17 able to be subdivided and conveyed separately to multiple 

18 eligible Black individuals under section 203. 

19 SEC. 205. RESTRICTIONS ON CONVEYED LAND. 

20 (a) IN GENERAL.—Before conveying a land grant 

21 under section 203(a)(2), the Secretary shall attach to the 

22 land an easement requiring that the land be— 

23 (1) restricted in perpetuity for agricultural use, 

24 but with an allowance for constructing or improving 


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1 and maintaining 1 primary residence and housing 

2 for farmworkers on the land; and 

3 (2) subject in perpetuity to the conservation re4 quirements that— 

5 (A) an animal feeding operation may not 

6 be operated on the land, with the exception that 

7 an animal feeding operation with fewer than 

8 299 animal units may be operated during times 

9 of the year that outdoor access is not possible 

10 due to weather conditions; and 

11 (B) the land shall be subject to applicable 

12 highly erodible land and wetland conservation 

13 requirements in effect on the date of enactment 

14 of this Act under subtitles B and C of title XII 

15 of the Food Security Act of 1985 (16 U.S.C. 

16 3811 et seq.). 

17 (b) RIGHT OF REENTRY.— 

18 (1) IN GENERAL.—A deed conveying a land 

19 grant under section 203(a)(2) shall include a right 

20 of reentry for the Secretary if the Secretary— 

21 (A) determines, after giving notice and a 

22 reasonable opportunity for a hearing, that a re23 quirement described in subsection (a) of an 

24 easement attached to that land has been vio25 lated; and 


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1 (B) determines that the violation has not 

2 been remedied within 60 days after the date of 

3 the determination under subparagraph (A). 

4 (2) EXPIRATION.—The right of reentry de5 scribed in paragraph (1) shall expire on the date 

6 that is 5 years after the date of conveyance. 

7 (c) RIGHT OF FIRST REFUSAL.— 

8 (1) IN GENERAL.—Beginning on the day after 

9 the expiration date described in subsection (b)(2)— 

10 (A) the recipient of the land grant may sell 

11 the land; but 

12 (B) the Secretary shall have a right of first 

13 refusal to purchase the land at the appraised 

14 value of the land. 

15 (2) DELEGATION.—The Secretary may, on a 

16 case-by-case basis, delegate the right of first refusal 

17 under paragraph (1)(B) to a qualified entity that re18 quests the delegation. 

19 (d) REQUIREMENT.—If the Secretary purchases land 

20 under subsection (c)(1)(B), the Secretary shall convey the 

21 land to another eligible Black individual under section 

22 203(a)(2). 

23 SEC. 206. ELIGIBILITY FOR ASSISTANCE. 

24 (a) FARM OPERATING LOANS.— 


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1 (1) ELIGIBLE BLACK INDIVIDUALS.—Beginning 

2 on the date of conveyance of a land grant under sec3 tion 203(a)(2), the eligible Black individual that re4 ceives the land grant shall be eligible for a direct op5 erating loan under subtitle B of the Consolidated 

6 Farm and Rural Development Act (7 U.S.C. 1941 

7 et seq.), notwithstanding any borrower eligibility re8 quirements under subparagraph (B) or (D) of sec9 tion 311(a)(1) of that Act (7 U.S.C. 1941(a)(1)) for 

10 such a loan. 

11 (2) SOCIALLY DISADVANTAGED FARMERS AND

12 RANCHERS.—During the 5-year period beginning on 

13 the date of enactment of this Act, any socially dis14 advantaged farmer or rancher shall be eligible for a 

15 direct operating loan under subtitle B of the Con16 solidated Farm and Rural Development Act (7 

17 U.S.C. 1941 et seq.), notwithstanding any borrower 

18 eligibility requirements under subparagraph (B) or 

19 (D) of section 311(a)(1) of that Act (7 U.S.C. 

20 1941(a)(1)) for such a loan. 

21 (3) INTEREST AND DEFERMENT.—In the case 

22 of an operating loan under paragraph (1) or (2)— 

23 (A) the interest rate shall be zero percent 

24 for the first 7 years of the term of the loan; and 


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1 (B) the Secretary of Agriculture shall defer 

2 payments for the first 24 months. 

3 (b) SINGLE FAMILY HOME MORTGAGES.—Beginning 

4 on the date of conveyance of a land grant under section 

5 203(a)(2), the eligible Black individual that receives the 

6 land grant shall be eligible for a direct loan under section 

7 502 of the Housing Act of 1949 (42 U.S.C. 1472), not8 withstanding any borrower eligibility requirements for 

9 such a loan, for the construction or improvement of a sin10 gle family home on the conveyed land. 

11 (c) FUNDING.—There are authorized to be appro12 priated such sums as are necessary to carry out this sec13 tion for each of fiscal years 2023 through 2032. 

14 SEC. 207. COMPLETION OF FARMER TRAINING PROGRAM 

15 AND SUCCESSION PLANNING. 

16 (a) REQUIRED TRAINING.—As a condition on the re17 ceipt of a land grant under section 203(a)(2), any recipi18 ent who does not have at least 2 years of prior experience 

19 in agriculture shall be required to complete, at no cost, 

20 a farmer training program established pursuant to section 

21 208(a)(4). 

22 (b) OPTIONAL TRAINING.—Any eligible Black indi23 vidual who has at least 2 years of prior experience in agri24 culture, and any socially disadvantaged farmer or rancher, 


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1 may complete, at no cost, a farmer training program es2 tablished pursuant to section 208(a)(4). 

3 (c) SUCCESSION PLANNING.—As a condition on the 

4 receipt of a land grant under section 203(a)(2), each re5 cipient shall collaborate with a qualified entity to develop 

6 a succession plan. 

7 SEC. 208. GRANTS FOR QUALIFIED ENTITIES. 

8 (a) IN GENERAL.—The Secretary shall establish a 

9 program to provide grants to qualified entities to use as 

10 operating amounts— 

11 (1) to support eligible Black individuals in iden12 tifying land under section 204, including developing 

13 proposals for how land may be subdivided as de14 scribed in subsection (b) of that section; 

15 (2) to support eligible Black individuals in ac16 quiring that land through a land grant under section 

17 203(a)(2), including by submitting applications on 

18 behalf of eligible Black individuals under section 

19 203(d)(2); 

20 (3) to support eligible Black individuals in 

21 starting up farm operations on that land; 

22 (4) to provide eligible Black individuals and so23 cially disadvantaged farmers and ranchers with 

24 farmer training; and 


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1 (5) to provide other assistance, including legal 

2 advocacy, succession planning, and support for the 

3 development of farmer cooperatives, to eligible Black 

4 individuals and other Black farmers and ranchers. 

5 (b) FUNDING.—There is authorized to be appro6 priated, and there is appropriated, out of amounts in the 

7 Treasury not otherwise appropriated, $1,000,000,000 for 

8 each of fiscal years 2023 through 2032 to carry out this 

9 section. 

10 SEC. 209. FARM CONSERVATION CORPS. 

11 (a) IN GENERAL.—The Secretary shall establish a ci12 vilian conservation corps, to be known as the ‘‘Farm Con13 servation Corps’’ to provide young adults ages 18 to 29 

14 from socially disadvantaged groups with the academic, vo15 cational, and social skills necessary to pursue long-term, 

16 productive careers in farming and ranching. 

17 (b) REQUIREMENT.—To the maximum extent prac18 ticable, the Secretary shall enroll not fewer than 20,000 

19 young adults in the Farm Conservation Corps pursuant 

20 to subsection (a) in each of fiscal years 2023 through 

21 2032. 

22 (c) FARMWORKER SERVICES.—Members of the Farm 

23 Conservation Corps shall serve as on-farm apprentices, at 

24 no cost, to— 


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1 (1) socially disadvantaged farmers and ranch2 ers, the annual gross farm income of whom is less 

3 than $250,000; 

4 (2) beginning farmers and ranchers, the annual 

5 gross farm income of whom is less than $250,000; 

6 and 

7 (3) farmers and ranchers operating certified or8 ganic farms (as defined in section 2103 of the Or9 ganic Foods Production Act of 1990 (7 U.S.C. 

10 6502)), the annual gross farm income of whom is 

11 less than $250,000. 

12 (d) DURATION OF PARTICIPATION.—An individual 

13 shall serve in the Farm Conservation Corps for not more 

14 than 2 years. 

15 (e) HOUSING AND CARE.—The Secretary shall pro16 vide to each member of the Farm Conservation Corps, for 

17 the duration of the participation— 

18 (1) housing, subsistence, clothing, medical at19 tention (including hospitalization), and transpor20 tation; or 

21 (2) a cash allowance sufficient for the applica22 ble locality to cover costs described in paragraph (1). 

23 (f) COMPENSATION.—Members of the Farm Con24 servation Corps shall be paid for their services as a farm25 worker at a rate consistent with the minimum wage appliVerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96

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1 cable to a nonimmigrant described in section 

2 101(a)(15)(H)(ii) of the Immigration and Nationality Act 

3 (8 U.S.C. 1101(a)(15)(H)(ii)) for services as a farm4 worker in the applicable locality. 

5 (g) FUNDING.—There is authorized to be appro6 priated, and there is appropriated, out of amounts in the 

7 Treasury not otherwise appropriated, $1,000,000,000 for 

8 each of fiscal years 2023 through 2032 to carry out this 

9 section. 

10 SEC. 210. ANNUAL REPORT TO CONGRESS. 

11 The Secretary shall submit to Congress and make 

12 publicly available annual reports describing data on land 

13 grants under this title, including— 

14 (1) the number of land grants; 

15 (2) the recipients of land grants; 

16 (3) the total number of acres of land granted; 

17 (4) the number of acres of land granted by 

18 county; and 

19 (5) the types of new farming or ranching oper20 ations established on the granted land. 


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1 TITLE III—FUNDING FOR HIS2 TORICALLY BLACK COLLEGES 

3 AND UNIVERSITIES 

4 SEC. 301. FUNDING FOR HISTORICALLY BLACK COLLEGES 

5 AND UNIVERSITIES. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated, and there is appropriated, out of amounts in the 

8 Treasury not otherwise appropriated, $500,000,000 for 

9 fiscal year 2023 and each of the succeeding 9 fiscal years 

10 for the Secretary of Education to provide funding to part 

11 B institutions (as defined in section 322 of the Higher 

12 Education Act of 1965 (20 U.S.C. 1061)). 

13 (b) USE OF FUNDING.—The funding provided by 

14 subsection (a) shall be used by part B institutions de15 scribed in that subsection— 

16 (1)(A) to commence new courses of study and 

17 expand existing courses of study focused on careers 

18 in agriculture, agriculture-related fields, or other re19 lated disciplines; and 

20 (B) to recruit students for those courses of 

21 study; and 

22 (2) to commence research to further the study 

23 of— 

24 (A) regenerative agricultural practices; and 


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1 (B) market opportunities for socially dis2 advantaged farmers and ranchers. 

3 SEC. 302. USDA/1890 NATIONAL SCHOLARS PROGRAM. 

4 The National Agricultural Research, Extension, and 

5 Teaching Policy Act of 1977 is amended by inserting after 

6 section 1446 (7 U.S.C. 3222a) the following: 

7 ‘‘SEC. 1446A. USDA/1890 NATIONAL SCHOLARS PROGRAM. 

8 ‘‘(a) DEFINITION OF PROGRAM.—In this section, the 

9 term ‘program’ means the USDA/1890 National Scholars 

10 Program established by the Secretary. 

11 ‘‘(b) AUTHORIZATION.—The Secretary shall continue 

12 to carry out the program. 

13 ‘‘(c) FUNDING.—There is authorized to be appro14 priated, and there is appropriated, out of amounts in the 

15 Treasury not otherwise appropriated, $20,000,000 for 

16 each fiscal year to carry out the program.’’. 

17 TITLE IV—LAND RETENTION 

18 AND CREDIT ASSISTANCE 

19 SEC. 401. PROTECTIONS FOR LAND OWNERSHIP. 

20 (a) RELENDING PROGRAM TO RESOLVE OWNERSHIP

21 AND SUCCESSION ON FARMLAND.—Section 310I(g) of the 

22 Consolidated Farm and Rural Development Act (7 U.S.C. 

23 1936c(g)) is amended by striking ‘‘2023’’ and inserting 

24 ‘‘2022 and $50,000,000 for fiscal year 2023’’. 


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1 (b) REPORTS ON LAND ACCESS AND FARMLAND

2 OWNERSHIP DATA COLLECTION.—Section 12607(c) of 

3 the Agriculture Improvement Act of 2018 (7 U.S.C. 

4 2204i(c)) is amended by striking ‘‘each fiscal years 2019 

5 through 2023’’ and inserting ‘‘each of fiscal years 2019 

6 through 2022 and $10,000,000 for fiscal year 2023’’. 

7 (c) FAMILY FARMER INCOME.—Section 101(18)(A) 

8 of title 11, United States Code, is amended, in the matter 

9 preceding clause (i), by striking ‘‘50 percent’’ and insert10 ing ‘‘30 percent’’. 

11 SEC. 402. ACCESS TO CREDIT FOR SOCIALLY DISADVAN12 TAGED FARMERS AND RANCHERS. 

13 (a) NATIONAL SOCIALLY DISADVANTAGED FARMER

14 AND RANCHER BANK.— 

15 (1) DEFINITIONS.—In this subsection— 

16 (A) the term ‘‘Bank’’ means the National 

17 Socially Disadvantaged Farmer and Rancher 

18 Bank established under paragraph (2); 

19 (B) the term ‘‘community development fi20 nancial institution’’ has the meaning given the 

21 term in section 103 of the Community Develop22 ment Banking and Financial Institutions Act of 

23 1994 (12 U.S.C. 4702); and 

24 (C) the term ‘‘eligible entity’’ means— 


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1 (i) a credit union, mutual savings 

2 bank, or mutual savings and loan associa3 tion— 

4 (I) that— 

5 (aa) is operated on a cooper6 ative, not-for-profit basis; and 

7 (bb) provides financial serv8 ices or facilities for the benefit 

9 of— 

10 (AA) the members of 

11 the entity; or 

12 (BB) voting stock13 holders who are the ultimate 

14 recipients of those financial 

15 services or facilities; and 

16 (II) not less than 60 percent of 

17 the members or voting stockholders of 

18 which are socially disadvantaged 

19 farmers or ranchers; or 

20 (ii) a not-for-profit community devel21 opment financial institution, if not less 

22 than 75 percent of the total dollar value of 

23 the loans made by the institution consist of 

24 loans made to socially disadvantaged farm25 ers or ranchers. 


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1 (2) ESTABLISHMENT OF BANK.— 

2 (A) IN GENERAL.—Congress hereby cre3 ates and charters a bank to be known as the 

4 National Socially Disadvantaged Farmer and 

5 Rancher Bank, the sole mission of which shall 

6 be to provide financing and other assistance in 

7 accordance with the requirements of this sub8 section. 

9 (B) BOARD OF DIRECTORS.— 

10 (i) IN GENERAL.—The Bank shall be 

11 governed by a Board of Directors— 

12 (I) which shall consist of 13 

13 members; and 

14 (II) each member of which shall 

15 be appointed by the President, by and 

16 with the advice and consent of the 

17 Senate. 

18 (ii) TERM.—Each member of the 

19 Board of Directors of the Bank shall serve 

20 for a term of 3 years. 

21 (3) LENDING AUTHORITY.— 

22 (A) IN GENERAL.—The Bank may make 

23 loans and loan guarantees to eligible entities. 

24 (B) TERMS.—With respect to a loan made 

25 by the Bank to an eligible entity— 


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1 (i) the term of the loan shall be 30 

2 years; 

3 (ii) the interest rate with respect to 

4 the loan shall be the interest rate on 30- 

5 year Treasury bonds, as of the date on 

6 which the loan is made; and 

7 (iii) before the end of the term de8 scribed in clause (i), the eligible entity— 

9 (I) shall not be required to make 

10 any principal payments with respect 

11 to the loan; and 

12 (II) shall make interest payments 

13 with respect to the loan. 

14 (C) CONDITION OF FINANCING FOR CER15 TAIN ELIGIBLE ENTITIES.—With respect to a 

16 loan or loan guarantee made under this para17 graph to an eligible entity described in para18 graph (1)(C)(ii), the Bank, as a condition of 

19 the financing, shall require the eligible entity to 

20 ensure that, for the full term of the loan or loan 

21 guarantee made by the Bank, not less than 75 

22 percent of the total dollar value of the loans 

23 made by the eligible entity consist of loans 

24 made to socially disadvantaged farmers or 

25 ranchers. 


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1 (4) GRANT PROGRAM.— 

2 (A) IN GENERAL.—The Bank shall estab3 lish a program through which the Bank may 

4 make a grant to assist— 

5 (i) an entity in becoming an eligible 

6 entity; or 

7 (ii) an eligible entity with the com8 mencement or expansion of operations of 

9 the eligible entity, including with respect to 

10 outreach, education, and training activities. 

11 (B) GRANT AMOUNT.—The amount of a 

12 grant made under the program established 

13 under subparagraph (A) shall be not more than 

14 $3,000,000. 

15 (C) FIRST AWARD.—The first grant made 

16 by the Bank under the program established 

17 under subparagraph (A) shall be to an entity, 

18 not less than 60 percent of the members or 

19 stockholders of which are Black farmers or 

20 ranchers. 

21 (5) TECHNICAL ASSISTANCE.—The Bank shall 

22 establish a program to provide technical assistance 

23 to eligible entities, including assistance in obtain24 ing— 


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1 (A) approval from the National Credit 

2 Union Administration Board under section 104 

3 of the Federal Credit Union Act (12 U.S.C. 

4 1754); and 

5 (B) certification from the Community De6 velopment Financial Institutions Fund estab7 lished under section 104(a) of the Community 

8 Development Banking and Financial Institu9 tions Act of 1994 (12 U.S.C. 4701 et seq.). 

10 (6) FUNDING.— 

11 (A) IN GENERAL.—There are appropriated 

12 to the Bank, out of any amounts in the Treas13 ury not otherwise appropriated, $1,000,000,000 

14 to carry out this subsection— 

15 (i) which shall remain available until 

16 expended; and 

17 (ii) of which— 

18 (I) not less than $50,000,000 

19 shall be used to make grants under 

20 the program established under para21 graph (4); and 

22 (II) not less than $50,000,000 

23 shall be used to provide technical as24 sistance under paragraph (5). 

25 (B) EMERGENCY DESIGNATION.— 


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1 (i) IN GENERAL.—The amounts pro2 vided under this paragraph are designated 

3 as an emergency requirement pursuant to 

4 section 4(g) of the Statutory Pay-As-You5 Go Act of 2010 (2 U.S.C. 933(g)). 

6 (ii) DESIGNATION IN SENATE.—In the 

7 Senate, this subsection is designated as an 

8 emergency requirement pursuant to section 

9 4112(a) of H. Con. Res. 71 (115th Con10 gress), the concurrent resolution on the 

11 budget for fiscal year 2018. 

12 (b) CFPB AUTHORITY TO INVESTIGATE CLAIMS OF

13 DISCRIMINATION BY FARM CREDIT SYSTEM INSTITU14 TIONS.—Section 5.31 of the Farm Credit Act of 1971 (12 

15 U.S.C. 2267) is amended— 

16 (1) in the first sentence, by striking ‘‘The 

17 Farm’’ and inserting the following: 

18 ‘‘(a) IN GENERAL.—Except as provided in subsection 

19 (b), the Farm’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(b) BUREAU OF CONSUMER FINANCIAL PROTEC22 TION.—The Bureau of Consumer Financial Protection 

23 shall have enforcement authority over institutions and in24 stitution-affiliated parties with respect to claims of dis25 crimination.’’. 


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1 (c) ESTABLISHMENT OF FUNDING GOALS.—The Sec2 retary shall establish goals for the funding of programs 

3 to address racial disparities in the recipients of assistance 

4 provided by the Department of Agriculture, including the 

5 programs under section 2501 of the Food, Agriculture, 

6 Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 

7 to ensure that those programs directly support socially dis8 advantaged farmers and ranchers. 

9 (d) PUBLIC AWARENESS CAMPAIGNS.— 

10 (1) IN GENERAL.—The Secretary shall— 

11 (A) conduct public awareness campaigns 

12 for socially disadvantaged farmers and ranchers 

13 relating to programs available for socially dis14 advantaged farmers and ranchers through the 

15 Department of Agriculture; and 

16 (B) use 50 percent of the amount made 

17 available under paragraph (2) to provide fund18 ing for community organizations with history of 

19 working with socially disadvantaged farmers 

20 and ranchers to conduct community-based out21 reach. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to carry out 

24 this subsection $50,000,000. 


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1 SEC. 403. ADDITIONAL CREDIT ASSISTANCE. 

2 (a) REFINANCING OF DEBT WITH FARM LOANS.— 

3 (1) PURPOSES OF FARM OWNERSHIP LOANS.— 

4 Section 303(a)(1) of the Consolidated Farm and 

5 Rural Development Act (7 U.S.C. 1923(a)(1)) is 

6 amended by striking subparagraph (E) and inserting 

7 the following: 

8 ‘‘(E) refinancing indebtedness.’’. 

9 (2) PURPOSES OF OPERATING LOANS.—Section 

10 312(a) of the Consolidated Farm and Rural Devel11 opment Act (7 U.S.C. 1942(a)) is amended by strik12 ing paragraph (9) and inserting the following: 

13 ‘‘(9) refinancing the indebtedness of a borrower; 

14 or’’. 

15 (b) REMOVAL OF ELIGIBILITY RESTRICTION BASED

16 ON PREVIOUS DEBT WRITE-DOWN OR OTHER LOSS.— 

17 Section 373 of the Consolidated Farm and Rural Develop18 ment Act (7 U.S.C. 2008h) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), in the matter pre21 ceding subparagraph (A), by inserting ‘‘and 

22 subsection (d)’’ after ‘‘paragraph (2)’’; and 

23 (B) in paragraph (2)(A)— 

24 (i) by striking clause (i); 

25 (ii) in clause (ii), by striking ‘‘chap26 ters 11, 12, or 13 of Title 11 of the’’ and 


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1 inserting ‘‘chapter 11, 12, or 13 of title 

2 11,’’; and 

3 (iii) by redesignating clauses (ii) and 

4 (iii) as clauses (i) and (ii), respectively; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(d) PROHIBITION ON ELIGIBILITY RESTRICTION

8 BASED ON DEBT WRITE-DOWN OR OTHER LOSS.—The 

9 Secretary shall not restrict the eligibility of a borrower for 

10 a farm ownership or operating loan under subtitle A or 

11 B based on a previous debt write-down or other loss to 

12 the Secretary.’’. 

13 (c) AUTHORIZATION FOR LOANS.—Section 346(b)(1) 

14 of the Consolidated Farm and Rural Development Act (7 

15 U.S.C. 1994(b)(1)) is amended— 

16 (1) in the matter preceding subparagraph (A), 

17 by striking ‘‘$10,000,000,000 for each of fiscal 

18 years 2019 through 2023, of which, for each fiscal 

19 year—’’ and inserting ‘‘$20,000,000,000 for fiscal 

20 year 2023, of which—’’; and 

21 (2) by striking subparagraphs (A) and (B) and 

22 inserting the following: 

23 ‘‘(A) $10,000,000,000 shall be for farm 

24 ownership loans under subtitle A; and 


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1 ‘‘(B) $10,000,000,000 shall be for oper2 ating loans under subtitle B.’’. 

3 (d) LOAN FORGIVENESS FOR SETTLEMENTS APPLI4 CANTS IN PIGFORD I.— 

5 (1) DEFINITION OF COVERED BORROWER.—In 

6 this subsection, the term ‘‘covered borrower’’ means 

7 a Black farmer or rancher that— 

8 (A) submitted a claim under the settlement 

9 agreement and consent decree in Pigford v. 

10 Glickman, 185 F.R.D. 82 (D.D.C. 1999); and 

11 (B) as of the date of enactment of this 

12 Act, has indebtedness on a loan made or guar13 anteed by the Secretary. 

14 (2) LOAN FORGIVENESS.—The Secretary 

15 shall— 

16 (A) forgive the indebtedness of a covered 

17 borrower on a loan made by the Secretary; and 

18 (B) require a lender of a loan guaranteed 

19 by the Secretary for a covered borrower to for20 give the indebtedness of that covered borrower 

21 on that loan. 

22 (3) REIMBURSEMENT FOR PAYMENTS AND

23 OTHER FUNDS SEIZED.—The Secretary shall provide 

24 to a covered borrower a payment equal to the 

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1 ments under the old-age, survivors, and disability in2 surance benefits program established under title II 

3 of the Social Security Act (42 U.S.C. 401 et seq.), 

4 and any other funds of the covered borrower that 

5 were seized after the date of the settlement agree6 ment and consent decree described in paragraph 

7 (1)(A) in partial or full satisfaction of debt that, if 

8 the payments or other funds had not been seized, 

9 would have been forgiven under this subsection. 

10 (4) FARMER GRANTS.—The Secretary shall pro11 vide to a covered borrower a grant equal to 30 per12 cent of the amount of the debt forgiven with respect 

13 to the covered borrower under this subsection. 

14 (e) FARM SERVICE AGENCY LOAN ELIGIBILITY FOR

15 HEIRS WITH UNDIVIDED PROPERTY OWNERSHIP INTER16 ESTS.—Subtitle D of the Consolidated Farm and Rural 

17 Development Act is amended by inserting after section 

18 331F (7 U.S.C. 1981f) the following: 

19 ‘‘SEC. 331G. ELIGIBILITY OF TENANTS IN COMMON FOR 

20 LOANS. 

21 ‘‘Notwithstanding any other provision of law, a ten22 ant in common shall be eligible for a direct or guaranteed 

23 farm ownership loan under subtitle A, a direct or guaran24 teed operating loan under subtitle B, or a direct or guarVerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96

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1 anteed emergency loan under subtitle C if the tenant in 

2 common submits to the Secretary an agreement— 

3 ‘‘(1) entered into by each person that owns a 

4 property interest in or to the applicable property; 

5 and 

6 ‘‘(2) that includes— 

7 ‘‘(A) clear identification of— 

8 ‘‘(i) the owners of the property, as of 

9 the date on which the agreement is sub10 mitted; and 

11 ‘‘(ii) the percentages of ownership of 

12 each owner described in clause (i); 

13 ‘‘(B) identification of the property and a 

14 description of the proposed use of the property; 

15 ‘‘(C) a process for payment of expenses 

16 and application and disbursement of any pro17 ceeds or profits among the owners of the prop18 erty; 

19 ‘‘(D) appointment of a lead responsible 

20 person for farm management; 

21 ‘‘(E) a dispute resolution process; and 

22 ‘‘(F) a buy-out provision that allows an 

23 heir of the property to sell the property interest 

24 of the heir in and to the property.’’. 


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1 SEC. 404. FORECLOSURE MORATORIUM. 

2 Effective during the period beginning on the date of 

3 enactment of this Act and ending on the date that is 1 

4 year after the date on which the public health emergency 

5 declared by the Secretary of Health and Human Services 

6 under section 319 of the Public Health Service Act (42 

7 U.S.C. 247d) on January 31, 2020, with respect to 

8 COVID–19 (or any successor declaration) is lifted, there 

9 shall be a moratorium on the Department of Agriculture 

10 instituting or completing any foreclosure action on a loan 

11 secured by a first or subordinate lien on real property that 

12 includes a residence and farmland. 

13 TITLE V—AGRICULTURAL 

14 SYSTEM REFORMS 

15 Subtitle A—Amendments to 

16 Packers and Stockyards Act, 1921 

17 SEC. 501. DEFINITIONS. 

18 Section 2(a) of the Packers and Stockyards Act, 

19 1921 (7 U.S.C. 182(a)) is amended— 

20 (1) in paragraph (8), by striking ‘‘for slaugh21 ter’’ and all that follows through ‘‘of such poultry’’ 

22 and inserting ‘‘under a poultry growing arrange23 ment, regardless of whether the poultry is owned by 

24 that person or another person’’; 

25 (2) in paragraph (9), by striking ‘‘and cares for 

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1 structions, for slaughter’’ and inserting ‘‘or cares for 

2 live poultry in accordance with the instructions of 

3 another person’’; 

4 (3) in each of paragraphs (1) through (9), by 

5 striking the semicolon at the end and inserting a pe6 riod; 

7 (4) in paragraph (10)— 

8 (A) by striking ‘‘for the purpose of either 

9 slaughtering it or selling it for slaughter by an10 other’’; and 

11 (B) by striking ‘‘; and’’ at the end and in12 serting a period; and 

13 (5) by adding at the end the following: 

14 ‘‘(15) FORMULA PRICE.— 

15 ‘‘(A) IN GENERAL.—The term ‘formula 

16 price’ means any price term that establishes a 

17 base from which a purchase price is calculated 

18 on the basis of a price that will not be deter19 mined or reported until a date that is after the 

20 date on which the forward price is established. 

21 ‘‘(B) EXCLUSION.—The term ‘formula 

22 price’ does not include— 

23 ‘‘(i) any price term that establishes a 

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1 culated on the basis of a futures market 

2 price; or 

3 ‘‘(ii) any adjustment to the base for 

4 quality, grade, or other factors relating to 

5 the value of livestock or livestock products 

6 that are readily verifiable market factors 

7 and are outside the control of the packer. 

8 ‘‘(16) FORWARD CONTRACT.—The term ‘for9 ward contract’ means an oral or written contract for 

10 the purchase of livestock that provides for the deliv11 ery of the livestock to a packer at a date that is 

12 more than 7 days after the date on which the con13 tract is entered into, without regard to whether the 

14 contract is for— 

15 ‘‘(A) a specified lot of livestock; or 

16 ‘‘(B) a specified number of livestock over a 

17 certain period of time.’’. 

18 SEC. 502. UNLAWFUL PRACTICES. 

19 (a) IN GENERAL.—Section 202 of the Packers and 

20 Stockyards Act, 1921 (7 U.S.C. 192) is amended— 

21 (1) by redesignating subsections (a) through (f) 

22 and (g) as paragraphs (1) through (6) and (10), re23 spectively, and indenting appropriately; 

24 (2) by striking the section designation and all 

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1 ceding paragraph (1) (as so redesignated) and in2 serting the following: 

3 ‘‘SEC. 202. UNLAWFUL ACTS. 

4 ‘‘(a) IN GENERAL.—It shall be’’; 

5 (3) in subsection (a)— 

6 (A) in the matter preceding paragraph (1) 

7 (as so redesignated), by striking ‘‘to:’’ and in8 serting ‘‘to do any of the following:’’; 

9 (B) in each of paragraphs (1) through (6) 

10 (as so redesignated), by striking ‘‘; or’’ each 

11 place it appears and inserting a period; 

12 (C) in paragraph (6) (as so redesig13 nated)— 

14 (i) by striking ‘‘(1)’’ and inserting 

15 ‘‘(A)’’; 

16 (ii) by striking ‘‘(2)’’ and inserting 

17 ‘‘(B)’’; and 

18 (iii) by striking ‘‘(3)’’ and inserting 

19 ‘‘(C)’’; 

20 (D) by inserting after paragraph (6) the 

21 following: 

22 ‘‘(7) Use, in effectuating any sale of livestock, 

23 a forward contract that— 

24 ‘‘(A) does not contain a firm base price 

25 that may be equated to a fixed dollar amount 


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1 on the date on which the forward contract is 

2 entered into; 

3 ‘‘(B) is not offered for bid in an open, pub4 lic manner under which— 

5 ‘‘(i) buyers and sellers have the oppor6 tunity to participate in the bid; 

7 ‘‘(ii) more than 1 blind bid is solic8 ited; and 

9 ‘‘(iii) buyers and sellers may witness 

10 bids that are made and accepted; 

11 ‘‘(C) is based on a formula price; or 

12 ‘‘(D) provides for the sale of livestock in a 

13 quantity in excess of— 

14 ‘‘(i) in the case of cattle, 40 cattle; 

15 ‘‘(ii) in the case of swine, 30 swine; 

16 and 

17 ‘‘(iii) in the case of another type of 

18 livestock, a comparable quantity of that 

19 type of livestock, as determined by the Sec20 retary. 

21 ‘‘(8) Own or feed livestock directly, through a 

22 subsidiary, or through an arrangement that gives a 

23 packer operational, managerial, or supervisory con24 trol over the livestock, or over the farming operation 

25 that produces the livestock, to such an extent that 


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1 the producer of the livestock is not materially par2 ticipating in the management of the operation with 

3 respect to the production of the livestock, except 

4 that this paragraph shall not apply to— 

5 ‘‘(A) an arrangement entered into not 

6 more than 7 business days before slaughter of 

7 the livestock by a packer, a person acting 

8 through the packer, or a person that directly or 

9 indirectly controls, or is controlled by or under 

10 common control with, the packer; 

11 ‘‘(B) a cooperative or entity owned by a co12 operative, if a majority of the ownership inter13 est in the cooperative is held by active coopera14 tive members that— 

15 ‘‘(i) own, feed, or control the livestock; 

16 and 

17 ‘‘(ii) provide the livestock to the coop18 erative for slaughter; 

19 ‘‘(C) a packer that is not required to re20 port to the Secretary on each reporting day (as 

21 defined in section 212 of the Agricultural Mar22 keting Act of 1946 (7 U.S.C. 1635a)) informa23 tion on the price and quantity of livestock pur24 chased by the packer; or 


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1 ‘‘(D) a packer that owns only 1 livestock 

2 processing plant. 

3 ‘‘(9) Take any action that adversely affects or 

4 is likely to adversely affect competition, regardless of 

5 whether there is a business justification for the ac6 tion.’’; and 

7 (E) in paragraph (10) (as so redesig8 nated), by striking ‘‘subdivision (a), (b), (c), 

9 (d), or (e)’’ and inserting ‘‘paragraphs (1) 

10 through (9)’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(b) UNFAIR, DISCRIMINATORY, AND DECEPTIVE

13 PRACTICES AND DEVICES.—Acts by a packer, swine con14 tractor, or live poultry dealer that violate subsection (a)(1) 

15 include the following: 

16 ‘‘(1) Refusal to provide, on the request of a 

17 livestock producer, swine production contract grow18 er, or poultry grower with which the packer, swine 

19 contractor, or live poultry dealer has a marketing or 

20 delivery contract, the relevant statistical information 

21 and data used to determine the compensation paid 

22 to the livestock producer, swine production contract 

23 grower, or poultry grower, as applicable, under the 

24 contract, including— 


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1 ‘‘(A) feed conversion rates by house, lot, or 

2 pen; 

3 ‘‘(B) feed analysis; 

4 ‘‘(C) breeder history; 

5 ‘‘(D) quality grade; 

6 ‘‘(E) yield grade; and 

7 ‘‘(F) delivery volume for any certified 

8 branding program (such as programs for angus 

9 beef or certified grassfed or Berkshire pork). 

10 ‘‘(2) Conduct or action that limits or attempts 

11 to limit by contract the legal rights and remedies of 

12 a livestock producer, swine production contract 

13 grower, or poultry grower, including the right— 

14 ‘‘(A) to a trial by jury, unless the livestock 

15 producer, swine production contract grower, or 

16 poultry grower, as applicable, is voluntarily 

17 bound by an arbitration provision in a contract; 

18 ‘‘(B) to pursue all damages available under 

19 applicable law; and 

20 ‘‘(C) to seek an award of attorneys’ fees, 

21 if available under applicable law. 

22 ‘‘(3) Termination of a poultry growing arrange23 ment or swine production contract with no basis 

24 other than an allegation that the poultry grower or 


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1 swine production contract grower failed to comply 

2 with an applicable law, rule, or regulation. 

3 ‘‘(4) A representation, omission, or practice 

4 that is likely to mislead a livestock producer, swine 

5 production contract grower, or poultry grower re6 garding a material condition or term in a contract 

7 or business transaction. 

8 ‘‘(c) UNDUE OR UNREASONABLE PREFERENCES, AD9 VANTAGES, PREJUDICES, AND DISADVANTAGES.— 

10 ‘‘(1) IN GENERAL.—Acts by a packer, swine 

11 contractor, or live poultry dealer that violate sub12 section (a)(2) include the following: 

13 ‘‘(A) A retaliatory action (including coer14 cion or intimidation) or the threat of retaliatory 

15 action— 

16 ‘‘(i) in connection with the execution, 

17 termination, extension, or renewal of a 

18 contract or agreement with a livestock pro19 ducer, swine production contract grower, 

20 or poultry grower aimed to discourage the 

21 exercise of the rights of the livestock pro22 ducer, swine production contract grower, 

23 or poultry grower under this Act or any 

24 other law; and 


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1 ‘‘(ii) in response to lawful communica2 tion (including as described in paragraph 

3 (2)), association, or assertion of rights by 

4 a livestock producer, swine production con5 tract grower, or poultry grower. 

6 ‘‘(B) Use of the tournament system for 

7 poultry as described in paragraph (3). 

8 ‘‘(2) LAWFUL COMMUNICATION DESCRIBED.—A 

9 lawful communication referred to in paragraph 

10 (1)(A)(ii) includes— 

11 ‘‘(A) a communication with officials of a 

12 Federal agency or Members of Congress; 

13 ‘‘(B) any lawful disclosure that dem14 onstrates a reasonable belief of a violation of 

15 this Act or any other law; and 

16 ‘‘(C) any other communication that assists 

17 in carrying out the purposes of this Act. 

18 ‘‘(3) USE OF TOURNAMENT SYSTEM FOR POUL19 TRY.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), a live poultry dealer shall be in vio22 lation of subsection (a)(2) if the live poultry 

23 dealer determines the formula for calculating 

24 the pay of a poultry grower in a tournament 

25 group by comparing the performance of the 


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1 birds of other poultry growers in the group 

2 using factors outside the control of the poultry 

3 grower and within the control of the live poultry 

4 dealer. 

5 ‘‘(B) EXCEPTION.—Under subparagraph 

6 (A), a live poultry dealer shall not be found in 

7 violation of subsection (a)(2) if the live poultry 

8 dealer demonstrates through clear and con9 vincing evidence that the inputs and services 

10 described in subparagraph (C) that were used 

11 in the comparative evaluation were substantially 

12 the same in quality, quantity, and timing, as 

13 applicable, for all poultry growers in the tour14 nament group. 

15 ‘‘(C) INPUTS AND SERVICES DESCRIBED.— 

16 The inputs and services referred to in subpara17 graph (B) include, with respect to poultry grow18 ers in the same tournament group— 

19 ‘‘(i) the quantity, breed, sex, and age 

20 of chicks delivered to each poultry grower; 

21 ‘‘(ii) the breed and age of the breeder 

22 flock from which chicks are drawn for each 

23 poultry grower; 


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1 ‘‘(iii) the quality, type (such as starter 

2 feed), and quantity of feed delivered to 

3 each poultry grower; 

4 ‘‘(iv) the quality of and access to 

5 medications for the birds of each poultry 

6 grower; 

7 ‘‘(v) the number of birds in a flock de8 livered to each poultry grower; 

9 ‘‘(vi) the timing of the pick-up of 

10 birds for processing (including the age of 

11 the birds and the number of days that the 

12 birds are in the care of the poultry grower) 

13 for each poultry grower; 

14 ‘‘(vii) the death loss of birds during 

15 pick-up, transport, and time spent at the 

16 processing plant for each poultry grower; 

17 ‘‘(viii) condemnations of parts of birds 

18 due to actions in processing for each poul19 try grower; 

20 ‘‘(ix) condemnations of whole birds 

21 due to the fault of the poultry grower; 

22 ‘‘(x) the death loss of birds due to the 

23 fault of the poultry grower; 


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1 ‘‘(xi) the stated reasons for the cause 

2 of the death losses and condemnations de3 scribed in clauses (vii) through (x); 

4 ‘‘(xii) the type and classification of 

5 each poultry grower; and 

6 ‘‘(xiii) any other input or service that 

7 may have an impact on feed conversion to 

8 weight gain efficiency or the life span of 

9 the birds of each poultry grower. 

10 ‘‘(d) HARM TO COMPETITION NOT REQUIRED.—In 

11 determining whether an act, device, or conduct is a viola12 tion under paragraph (1) or (2) of subsection (a), a find13 ing that the act, device, or conduct adversely affected or 

14 is likely to adversely affect competition is not required.’’. 

15 (b) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Subject to paragraph (2), 

17 paragraph (8) of section 202(a) of the Packers and 

18 Stockyards Act, 1921 (7 U.S.C. 192) (as designated 

19 by subsection (a)(2)) shall take effect on the date of 

20 enactment of this Act. 

21 (2) TRANSITION RULES.—In the case of a pack22 er that, on the date of enactment of this Act, owns, 

23 feeds, or controls livestock intended for slaughter in 

24 violation of paragraph (8) of section 202(a) of the 

25 Packers and Stockyards Act, 1921 (7 U.S.C. 192) 


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1 (as designated by subsection (a)(2)), that paragraph 

2 shall take effect— 

3 (A) in the case of a packer of swine, begin4 ning on the date that is 18 months after the 

5 date of enactment of this Act; and 

6 (B) in the case of a packer of any other 

7 type of livestock, beginning not later than 180 

8 days after the date of enactment of this Act, as 

9 determined by the Secretary. 

10 SEC. 503. SPOT MARKET PURCHASES OF LIVESTOCK BY 

11 PACKERS. 

12 The Packers and Stockyards Act, 1921, is amended 

13 by inserting after section 202 (7 U.S.C. 192) the fol14 lowing: 

15 ‘‘SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY 

16 PACKERS. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED PACKER.— 

19 ‘‘(A) IN GENERAL.—The term ‘covered 

20 packer’ means a packer that is required under 

21 subtitle B of the Agricultural Marketing Act of 

22 1946 (7 U.S.C. 1635 et seq.) to report to the 

23 Secretary each reporting day information on the 

24 price and quantity of livestock purchased by the 

25 packer. 


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1 ‘‘(B) EXCLUSION.—The term ‘covered 

2 packer’ does not include a packer that owns 

3 only 1 livestock processing plant. 

4 ‘‘(2) NONAFFILIATED PRODUCER.—The term 

5 ‘nonaffiliated producer’ means a producer of live6 stock— 

7 ‘‘(A) that sells livestock to a packer; 

8 ‘‘(B) that has less than 1 percent equity 

9 interest in the packer; 

10 ‘‘(C) that has no officers, directors, em11 ployees, or owners that are officers, directors, 

12 employees, or owners of the packer; 

13 ‘‘(D) that has no fiduciary responsibility to 

14 the packer; and 

15 ‘‘(E) in which the packer has no equity in16 terest. 

17 ‘‘(3) SPOT MARKET SALE.— 

18 ‘‘(A) IN GENERAL.—The term ‘spot mar19 ket sale’ means a purchase and sale of livestock 

20 by a packer from a producer— 

21 ‘‘(i) under an agreement that specifies 

22 a firm base price that may be equated with 

23 a fixed dollar amount on the date the 

24 agreement is entered into; 


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1 ‘‘(ii) under which the livestock are 

2 slaughtered not more than 7 days after the 

3 date on which the agreement is entered 

4 into; and 

5 ‘‘(iii) under circumstances in which a 

6 reasonable competitive bidding opportunity 

7 exists on the date on which the agreement 

8 is entered into. 

9 ‘‘(B) REASONABLE COMPETITIVE BIDDING

10 OPPORTUNITY.—For the purposes of subpara11 graph (A)(iii), a reasonable competitive bidding 

12 opportunity shall be considered to exist if— 

13 ‘‘(i) no written or oral agreement pre14 cludes the producer from soliciting or re15 ceiving bids from other packers; and 

16 ‘‘(ii) no circumstance, custom, or 

17 practice exists that— 

18 ‘‘(I) establishes the existence of 

19 an implied contract (as determined in 

20 accordance with the Uniform Com21 mercial Code); and 

22 ‘‘(II) precludes the producer from 

23 soliciting or receiving bids from other 

24 packers. 


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1 ‘‘(b) GENERAL RULE.—Of the quantity of livestock 

2 that is slaughtered by a covered packer during each re3 porting day in each plant, the covered packer shall slaugh4 ter not less than the applicable percentage specified in 

5 subsection (c) of the quantity through spot market sales 

6 from nonaffiliated producers. 

7 ‘‘(c) APPLICABLE PERCENTAGES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the applicable percentage shall be 50 per10 cent. 

11 ‘‘(2) EXCEPTIONS.—In the case of a covered 

12 packer that reported to the Secretary in the 2018 

13 annual report that more than 60 percent of the live14 stock of the covered packer were committed procure15 ment livestock, the applicable percentage shall be the 

16 greater of— 

17 ‘‘(A) the difference between the percentage 

18 of committed procurement so reported and 100 

19 percent; and 

20 ‘‘(B)(i) during calendar year 2021, 20 per21 cent; 

22 ‘‘(ii) during each of calendar years 2022 

23 and 2023, 30 percent; and 

24 ‘‘(iii) during calendar year 2024 and each 

25 calendar year thereafter, 50 percent. 


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1 ‘‘(d) NONPREEMPTION.—This section does not pre2 empt any requirement of a State or political subdivision 

3 of a State that requires a covered packer to purchase on 

4 the spot market a greater percentage of the livestock pur5 chased by the covered packer than is required under this 

6 section.’’. 

7 SEC. 504. INVESTIGATION OF LIVE POULTRY DEALERS. 

8 (a) ADMINISTRATIVE ENFORCEMENT AUTHORITY

9 OVER LIVE POULTRY DEALERS.—Sections 203, 204, and 

10 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 

11 193, 194, 195) are amended by inserting ‘‘, live poultry 

12 dealer,’’ after ‘‘packer’’ each place it appears. 

13 (b) AUTHORITY TO REQUEST TEMPORARY INJUNC14 TION OR RESTRAINING ORDER.—Section 408(a) of the 

15 Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)) is 

16 amended by inserting ‘‘or poultry care’’ after ‘‘on account 

17 of poultry’’. 

18 (c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec19 tion 411 of the Packers and Stockyards Act, 1921 (7 

20 U.S.C. 228b–2) is amended— 

21 (1) in subsection (a), in the first sentence, by 

22 striking ‘‘any provision of section 207 or section 410 

23 of’’; and 


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1 (2) in subsection (b), in the first sentence, by 

2 striking ‘‘any provisions of section 207 or section 

3 410’’ and inserting ‘‘any provision’’. 

4 SEC. 505. AWARD OF ATTORNEY FEES. 

5 Section 204 of the Packers and Stockyards Act, 1921 

6 (7 U.S.C. 194) is amended by adding at the end the fol7 lowing: 

8 ‘‘(i) ATTORNEY’S FEE.—The court shall award a rea9 sonable attorney’s fee as part of the costs to a prevailing 

10 plaintiff in a civil action under this section.’’. 

11 SEC. 506. TECHNICAL AMENDMENTS. 

12 (a) Section 203 of the Packers and Stockyards Act, 

13 1921 (7 U.S.C. 193) is amended— 

14 (1) in subsection (a), in the first sentence— 

15 (A) by striking ‘‘he shall cause’’ and in16 serting ‘‘the Secretary shall cause’’; and 

17 (B) by striking ‘‘his charges’’ and inserting 

18 ‘‘the charges’’; 

19 (2) in subsection (b), in the first sentence, by 

20 striking ‘‘he shall make a report in writing in which 

21 he shall state his findings’’ and inserting ‘‘the Sec22 retary shall make a report in writing in which the 

23 Secretary shall state the findings of the Secretary’’; 

24 and 


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1 (3) in subsection (c), by striking ‘‘he’’ and in2 serting ‘‘the Secretary’’. 

3 (b) Section 204 of the Packers and Stockyards Act, 

4 1921 (7 U.S.C. 194) is amended— 

5 (1) in subsection (a), by striking ‘‘he has his’’ 

6 and inserting ‘‘the packer, live poultry dealer, or 

7 swine contractor has the’’; 

8 (2) in subsection (c), by striking ‘‘his officers, 

9 directors, agents, and employees’’ and inserting ‘‘the 

10 officers, directors, agents, and employees of the 

11 packer, live poultry dealer, or swine packer’’; 

12 (3) in subsection (f), in the second sentence— 

13 (A) by striking ‘‘his findings’’ and insert14 ing ‘‘the findings of the Secretary’’; and 

15 (B) by striking ‘‘he’’ and inserting ‘‘the 

16 Secretary’’; and 

17 (4) in subsection (g), by striking ‘‘his officers, 

18 directors, agents, and employees’’ and inserting ‘‘the 

19 officers, directors, agents, and employees of the 

20 packer, live poultry dealer, or swine packer’’. 

21 Subtitle B—Local Agriculture 

22 Market Program 

23 SEC. 511. LOCAL AGRICULTURE MARKET PROGRAM. 

24 Section 210A(i)(1) of the Agricultural Marketing Act 

25 of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking 


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1 ‘‘fiscal year 2019’’ and inserting ‘‘each of fiscal years 

2 2019 through 2022, and $500,000,000 for fiscal year 

3 2023’’. 

4 Subtitle C—Conservation and 

5 Renewable Energy Programs 

6 SEC. 521. CONSERVATION TECHNICAL ASSISTANCE. 

7 Section 6 of the Soil Conservation and Domestic Al8 lotment Act (16 U.S.C. 590f) is amended— 

9 (1) by striking the section designation and 

10 heading and all that follows through ‘‘There is’’ in 

11 subsection (a) and inserting the following: 

12 ‘‘SEC. 6. FUNDING; CONSERVATION TECHNICAL ASSIST13 ANCE FUND. 

14 ‘‘(a) FUNDING.— 

15 ‘‘(1) MANDATORY FUNDING.—Of the funds of 

16 the Commodity Credit Corporation, the Secretary of 

17 Agriculture shall use to carry out this Act 

18 $2,100,000,000 for each fiscal year. 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are’’; and 

21 (2) in the undesignated matter following para22 graph (2) (as so designated) of subsection (a), by 

23 striking ‘‘Appropriations’’ and inserting the fol24 lowing: 


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1 ‘‘(3) AVAILABILITY OF APPROPRIATIONS FOR

2 NURSERY STOCK.—Appropriations’’. 

3 SEC. 522. CONSERVATION STEWARDSHIP PROGRAM. 

4 (a) SUPPLEMENTAL PAYMENTS FOR CLIMATE STEW5 ARDSHIP PRACTICES.—Section 1240L(d) of the Food Se6 curity Act of 1985 (16 U.S.C. 3839aa–24(d)) is amend7 ed— 

8 (1) in the subsection heading, by striking ‘‘RO9 TATIONS AND ADVANCED GRAZING MANAGEMENT’’ 

10 and inserting ‘‘ROTATIONS, ADVANCED GRAZING

11 MANAGEMENT, AND CLIMATE STEWARDSHIP PRAC12 TICES’’; 

13 (2) in paragraph (1)— 

14 (A) by redesignating subparagraphs (B) 

15 and (C) as subparagraphs (C) and (D), respec16 tively; and 

17 (B) by inserting after subparagraph (A) 

18 the following: 

19 ‘‘(B) CLIMATE STEWARDSHIP PRACTICE.— 

20 The term ‘climate stewardship practice’ means 

21 any of the following practices: 

22 ‘‘(i) Alley cropping. 

23 ‘‘(ii) Biochar incorporation. 

24 ‘‘(iii) Conservation cover. 

25 ‘‘(iv) Conservation crop rotation. 


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1 ‘‘(v) Contour buffer strips. 

2 ‘‘(vi) Contour farming. 

3 ‘‘(vii) Cover crops. 

4 ‘‘(viii) Critical area planting. 

5 ‘‘(ix) Cross wind trap strips. 

6 ‘‘(x) Field borders. 

7 ‘‘(xi) Filter strips. 

8 ‘‘(xii) Forage and biomass planting, 

9 including the use of native prairie seed 

10 mixtures. 

11 ‘‘(xiii) Forest stand improvements. 

12 ‘‘(xiv) Grassed waterways. 

13 ‘‘(xv) Hedgerow planting. 

14 ‘‘(xvi) Herbaceous wind barriers. 

15 ‘‘(xvii) Multistory cropping. 

16 ‘‘(xviii) Nutrient management, includ17 ing nitrogen stewardship activities. 

18 ‘‘(xix) Prescribed grazing. 

19 ‘‘(xx) Range planting. 

20 ‘‘(xxi) Residue and tillage manage21 ment with no till. 

22 ‘‘(xxii) Residue and tillage manage23 ment with reduced till. 

24 ‘‘(xxiii) Riparian forest buffers. 

25 ‘‘(xxiv) Riparian herbaceous buffers. 


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1 ‘‘(xxv) Silvopasture establishment. 

2 ‘‘(xxvi) Stripcropping. 

3 ‘‘(xxvii) Tree and shrub establish4 ment, including planting for a high rate of 

5 carbon sequestration. 

6 ‘‘(xxviii) Upland wildlife habitat. 

7 ‘‘(xxix) Vegetative barriers. 

8 ‘‘(xxx) Wetland restoration. 

9 ‘‘(xxxi) Windbreak renovation. 

10 ‘‘(xxxii) Windbreaks and shelterbelts. 

11 ‘‘(xxxiii) Woody residue treatment. 

12 ‘‘(xxxiv) Any other vegetative or man13 agement conservation activity that signifi14 cantly— 

15 ‘‘(I) reduces greenhouse gas 

16 emissions; 

17 ‘‘(II) increases carbon sequestra18 tion; or 

19 ‘‘(III) enhances resilience to in20 creased weather volatility.’’; 

21 (3) in paragraph (2)— 

22 (A) in subparagraph (A), by striking ‘‘or’’ 

23 at the end; 

24 (B) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(C) conservation activities relating to cli3 mate stewardship practices.’’; and 

4 (4) in paragraph (3), by striking ‘‘rotations or 

5 advanced grazing management’’ and inserting ‘‘rota6 tions, advanced grazing management, or conserva7 tion activities relating to climate stewardship prac8 tices’’. 

9 (b) PAYMENT LIMITATIONS.—Section 1240L(f) of 

10 the Food Security Act of 1985 (16 U.S.C. 3839aa–24(f)) 

11 is amended by striking ‘‘fiscal years 2019 through 2023’’ 

12 and inserting ‘‘the period of fiscal years 2019 through 

13 2023, the period of fiscal years 2024 through 2028, or 

14 the period of fiscal years 2029 through 2033’’. 

15 (c) FUNDING.—Section 1241 of the Food Security 

16 Act of 1985 (16 U.S.C. 3841) is amended— 

17 (1) in subsection (a)(3)(B)(v), by striking 

18 ‘‘$1,000,000,000’’ and inserting ‘‘$3,000,000,000’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(k) FUNDING FOR CLIMATE STEWARDSHIP PRAC22 TICES.—Of the funds made available under subsection 

23 (a)(3)(B), the Secretary shall set aside $2,000,000,000 for 

24 each of fiscal years 2023 through 2031 to be used exclu25 sively to enroll in the conservation stewardship program 


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1 contracts comprised predominantly of conservation activi2 ties relating to climate stewardship practices (as defined 

3 in section 1240L(d)(1)) or bundles of practices comprised 

4 predominantly of conservation activities relating to climate 

5 stewardship practices (as so defined).’’. 

6 SEC. 523. RURAL ENERGY FOR AMERICA PROGRAM. 

7 Section 9007 of the Farm Security and Rural Invest8 ment Act of 2002 (7 U.S.C. 8107) is amended— 

9 (1) in subsection (c)(3)(A), by striking ‘‘25’’ 

10 and inserting ‘‘40’’; and 

11 (2) in subsection (f)(1)— 

12 (A) in subparagraph (D), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (E), by striking ‘‘for 

15 fiscal’’ and all that follows through the period 

16 at the end and inserting ‘‘for each of fiscal 

17 years 2014 through 2022; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(F) $500,000,000 for fiscal year 2023 

20 and each fiscal year thereafter.’’. 

21 SEC. 524. CONSERVATION AND RENEWABLE ENERGY PRO22 GRAMS PRIORITY. 

23 Each socially disadvantaged farmer or rancher, in24 cluding each eligible Black individual that receives a land 

25 grant under section 203(a)(2), shall be given priority— 


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1 (1) for conservation technical assistance under 

2 the Soil Conservation and Domestic Allotment Act 

3 (16 U.S.C. 590a et seq.); 

4 (2) under the conservation stewardship program 

5 under subchapter B of that chapter (16 U.S.C. 

6 3839aa–21 et seq.); and 

7 (3) under the Rural Energy for America Pro8 gram established under section 9007 of the Farm 

9 Security and Rural Investment Act of 2002 (7 

10 U.S.C. 8107). 

Æ 


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