,,ii #aagth ,,congress #ast ,session ,s4 #bgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #h1 #bjba,mr4 ,warnock 7for himself1 ,mr4 ,booker1 ,mr4 ,lujn1 ,ms4 ,stabenow1 ,mr4 ,leahy1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to require the ,secretary of ,agriculture to provide assistance for socially disadvantaged farmers and ranchers and socially disadvantaged groups1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,relief for ,farmers of ,color ,act of #bjba4 #b4 ,findings ,congress finds that-- 7#a7 various factors have contributed to the loss of ,black farmers1 ,indigenous farmers1 and farmers of color in the ,united ,states1 including-- 7,a7 mass and systemic loss of farmland owned and operated by minority farmers2 7,b7 institutional civil rights violations by the ,federal ,government2 7,c7 difficulties accessing debt and credit capital2 and 7,d7 other legal challenges that make it difficult for minority farmers and farmworkers to participate in the ,united ,states farm economy2 7#b7 a #bjai ,government ,accountability ,office report found that socially disadvantaged farmers and ranchers have more difficulty getting loans and credit from the ,department of ,agriculture1 which can help beginning farmers break into the business and help existing farmers continue running their operations2 7#c7 the finding described in paragraph 7#b7 highlights the systemic racism that has hindered farmers of color for generations and continues as of the date of enactment of this ,act2 7#d7 beginning in #ahcj1 ,native ,american removal was a federally sanctioned practice1 the impact of which still detrimentally impacts ,native ,american farmers today1 including-- 7,a7 the moving of tens of thousands of original inhabitants from traditional land2 7,b7 the disruption of land ownership and tenure2 and 7,c7 the reorientation of traditional farm production techniques2 7#e7 according to the ,census of ,agriculture-- 7,a7 approximately #hj percent of land was lost by ,black farmers from #aiaj to #bjjg2 7,b7 in #aiaj1 #ad percent of ,united ,states farmers were ,black2 and 7,c7 in #bjab1 less than #b percent of ,united ,states farmers were ,black2 7#f7 heirs' property refers to land that is informally passed down from generation to generation without a legally designated owner2 7#g7 due to lack of access to the legal system during ,reconstruction and distrust of the legal system during the ,jim ,crow era1 many ,black families have relied on heirs' property to keep land in their families1 which has resulted in title issues now hindering many ,black families from obtaining credit2 7#h7 ,hispanic farmers were unlawfully discriminated against by the ,department of ,agriculture with respect to credit and loan transaction and farm disaster benefits2 7#i7 there are various laws1 regulations1 and questionable practices that have led to and are associated with land owned by ,black farmers1 ,indigenous farmers1 and farmers of color being acquired by developers1 contrary to the will of the farmers and land workers2 7#aj7 numerous reports over #fj years have shown a consistent pattern of discrimination at the ,department of ,agriculture against ,black farmers1 ,indigenous farmers1 and farmers of color2 7#aa7 in #aife1 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 ,agriculture2 7#ab7 in the #aigjs1 the ,department of ,agriculture deliberately forced ,black farmers1 ,indigenous farmers1 and farmers of color off their land through corrupt loan and financing practices2 7#ac7 a #aihb report of the ,united ,states ,commission on ,civil ,rights concluded that racial discrimination was continuing within the ,department of ,agriculture1 and1 despite lawsuits and court orders1 the discrimination continued in carrying out the farm loan programs in the headquarters and the network of field offices of the ,department of ,agriculture2 and 7#ad7 a #bjjh ,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 ,agriculture4 #c4 ,definitions ,in this ,act3 7#a7 ,farm loan ,the term farm loan means a loan administered by the ,farm ,service ,agency under subtitle ,a1 ,b1 or ,c of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibb et seq474 7#b7 ,qualified nonprofit organization ,the term qualified nonprofit organization means an organization-- 7,a7 that is a nonprofit2 7,b7 that has not less than #c years of experience providing meaningful agricultural1 business assistance1 legal assistance1 or advocacy services to socially disadvantaged farmers or ranchers2 and 7,c7 at least #ej percent of the members of the board of directors of which are members of a socially disadvantaged group4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#d7 ,socially disadvantaged farmer or rancher ,the term socially disadvantaged farmer or rancher has the meaning given the term in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a774 7#e7 ,socially disadvantaged group ,the term socially disadvantaged group has the meaning given the term in section #beja7;a7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi7;a774 #d4 ,debt forgiveness on farm service agency loans 7a7 ,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 #bjai 7,,covid-#ai7-- 7#a7 in farm loan programs2 and 7#b7 across the ,department of ,agriculture4 7b7 ,debt forgiveness 7#a7 ,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 loan4 7#b7 ,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 lender1 the borrowers of which are socially disadvantaged farmers and ranchers1 such that the borrowers shall be relieved of the obligation to repay the principal and interest due on those guaranteed farm loans4 7#c7 ,applications 7,a7 ,circumstances when not required ,the ,secretary shall not require a borrower of a farm loan for which debt forgiveness may be provided under paragraph 7#a7 or 7#b7 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 7#a7 or 7#b74 7,b7 ,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 7#a7 or 7#b7 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 7#a7 or 7#b74 7#d7 ,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 section4 7c7 ,funding ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 to carry out this section #d1jjj1jjj1jjj for the period of fiscal years #bjba through #bjbe4 #e4 ,additional assistance for socially disadvantaged farmers and ranchers and socially disadvantaged groups 7a7 ,equity commission 7#a7 ,in general ,the ,secretary shall establish an equity commission composed of-- 7,a7 officers of the ,department of ,agriculture2 7,b7 individuals with an interest in the activities of the ,department of ,agriculture2 7,c7 socially disadvantaged farmers or ranchers with not less than #aj years of experience in farming or ranching2 7,d7 individuals with expertise in civil rights2 and 7,e7 employees or board members of qualified nonprofit organizations4 7#b7 ,duties ,the equity commission established under paragraph 7#a7 shall-- 7,a7 examine past discrimination by the ,department of ,agriculture2 7,b7 examine and evaluate discrimination occurring in programs administered by the ,department of ,agriculture2 and 7,c7 provide recommendations to the ,secretary to address and mitigate future discrimination by the ,department of ,agriculture1 including-- 7i7 budgetary recommendations2 and 7ii7 recommendations for improving the structure of ,farm ,service ,agency county committees to better serve socially disadvantaged farmers and ranchers4 7b7 ,national ,center for ,minority ,farmer ,agricultural ,law ,research and ,information 7#a7 ,establishment ,the ,secretary shall make a competitive grant to a school of law1 or a legal research entity1 in the ,united ,states to establish the ,national ,center for ,minority ,farmer ,agricultural ,law ,research and ,information 7referred to in this subsection as the ,center74 7#b7 ,activities ,the ,center shall-- 7,a7 conduct international1 ,federal1 ,state1 and local legal research on the legal issues of minority farmers and farmworkers relating to farmland1 credit1 land ownership1 and related food and agricultural issues2 7,b7 provide information1 community legal education1 policy research1 and guidance on legal issues relating to minority farmers and farmworkers to-- 7i7 practicing attorneys1 including attorneys providing pro bono assistance1 representing minority farmers and farmworkers1 including advice and brief services2 7ii7 minority farmers and individuals assisting minority farmers on legal issues2 7iii7 food1 agriculture1 farmworker1 and farm organizations2 7iv7 local1 ,state1 and ,federal agencies2 7v7 members of ,congress2 and 7vi7 other persons who are assisting minority farmers and farmworkers in addressing the legal issues described in subparagraph 7,a72 and 7,c7 coordinate a national network of attorneys-- 7i7 providing legal assistance to minority farmers and farmworkers2 or 7ii7 working on issues relevant to minority farmers and farmworkers4 7#c7 ,availability 7,a7 ,center ,the ,center shall make available to the ,national ,agricultural ,library the research1 community legal education1 policy research1 guidance1 advice1 and information of the ,center4 7,b7 ,national ,agricultural ,library ,the ,national ,agricultural ,library shall make available to the public the research1 community legal education1 policy research1 guidance1 advice1 and information provided by the ,center under subparagraph 7,a74 7#d7 ,collaboration ,the ,center shall collaborate with-- 7,a7 the ,national ,agricultural ,library2 and 7,b7 the ,national ,center for ,agricultural ,law ,research and ,information4 7c7 ,grants and loans ,to resolve ownership and succession on farmland ,the ,secretary shall make-- 7#a7 grants to resolve property issues relating to ownership and succession on farmland2 and 7#b7 loans under section #caj;,i of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicf;c74 7d7 ,cooperatives serving socially disadvantaged groups ,the ,secretary shall provide financial assistance to cooperative development centers1 individual cooperatives1 or groups of cooperatives-- 7#a7 that serve socially disadvantaged groups2 and 7#b7 a majority of the boards of directors or other governing boards of which are composed of individuals who are members of socially disadvantaged groups4 7e7 ,pilot projects ,the ,secretary may establish pilot projects to provide technical and financial assistance to socially disadvantaged farmers and ranchers1 including projects that focus on land acquisition1 financial planning1 technical assistance1 and credit4 7f7 ,historical discrimination ,the ,secretary may provide financial assistance to socially disadvantaged farmers or ranchers that-- 7#a7 are former farm loan borrowers of the ,department of ,agriculture2 and 7#b7 have suffered adverse actions or past discrimination or bias relating to the farm loan1 as determined by the ,secretary4 7g7 ,financial institutions ,the ,secretary may support the development of agricultural credit financial institutions that are designed to serve and finance socially disadvantaged groups1 including ,farm ,credit ,system institutions chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq474 7h7 ,financial and technical assistance ,the ,secretary shall provide financial assistance1 outreach1 mediation1 financial training1 capacity building training1 cooperative development training and support1 and other technical assistance to qualified nonprofit organizations that provide services to socially disadvantaged farmers and ranchers4 7i7 #ahij land-,grant institutions and certain other institutions ,the ,secretary shall support and supplement research1 education1 and extension activities at-- 7#a7 colleges or universities eligible to receive funds under the ,act of ,august #cj1 #ahij 7commonly known as the ,second ,morrill ,act7 7#bf ,stat4 #dag1 chapter #hda2 #g ,u4,s4,c4 #cba et seq471 including ,tuskegee ,university2 7#b7 #aiid ,institutions 7as defined in section #ecb of the ,equity in ,education ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb772 7#c7 ,alaska ,native serving institutions and ,native ,hawaiian serving institutions eligible to receive grants under subsections 7a7 and 7b71 respectively1 of section #adai;,b of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #caef72 7#d7 ,hispanic-serving institutions eligible to receive grants under section #adee of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbda72 and 7#e7 eligible institutions 7as defined in section #adhi of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #ccfa774 7j7 ,grants for scholarships ,the ,secretary shall provide grants to-- 7#a7 colleges or universities eligible to receive funds under the ,act of ,august #cj1 #ahij 7commonly known as the ,second ,morrill ,act7 7#bf ,stat4 #dag1 chapter #hda2 #g ,u4,s4,c4 #cba et seq471 including ,tuskegee ,university1 for student scholarships2 and 7#b7 land-grant colleges and universities 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc77 for scholarships for students or prospective students who are-- 7,a7 members of ,indian ,tribes2 and 7,b7 pursuing an agricultural field of study4 7k7 ,funding ,there is appropriated to the ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 to carry out this section #a1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4