This bill affirms the Farm Credit Administration's role as the sole regulator of the Farm Credit System and requires lenders to collect demographic data from small farmer loan applicants.
Brad Finstad
Representative
MN-1
The "Farm Credit Administration Independent Authority Act" affirms the Farm Credit Administration (FCA) as the sole regulator of the Farm Credit System. It requires Farm Credit System lenders to collect and report demographic data from small farmer loan applicants and borrowers, with the FCA responsible for publishing this data while protecting personal information. The Act also exempts Farm Credit System institutions from certain regulations if related rules are invalidated or repealed. Finally, the Equal Credit Opportunity Act is amended to specify that the entities supervised by the Farm Credit Administration are exempt.
The "Farm Credit Administration Independent Authority Act" (SEC. 1) is a new piece of legislation focused on who gets loans in the farming world, and it clarifies who's in charge of overseeing the system. The core of the bill revolves around collecting demographic data from small farmers applying for loans through the Farm Credit System, starting one year after enactment (SEC. 2).
This bill amends the Farm Credit Act of 1971, making it mandatory for lenders in the Farm Credit System to collect race, sex, and ethnicity data from small farmers, ranchers, or producers/harvesters of aquatic products (as defined in section 4.19) who apply for loans. Think of a small-scale organic vegetable farmer in California or a family-run oyster operation in Louisiana – these are the types of borrowers this bill focuses on. Lenders have to ask for this info, but borrowers can opt-out. This data will then be reported annually to the Farm Credit Administration (FCA) and made public, with protections for personally identifiable information (SEC. 2).
The bill also clarifies that the FCA is the only regulator for the Farm Credit System (SEC. 2). This might seem like inside baseball, but it matters because it defines who sets the rules for these lenders. Think of it like this: there's one sheriff in town, and it's the FCA. They collect and publish the data. They make sure the lenders do what they're supposed to.
This data collection is designed to shine a light on whether lending practices are fair across the board. The bill is directly trying to get a clearer picture of who's getting access to credit. For example, if the data shows that women farmers in a certain region are consistently getting denied loans at higher rates than their male counterparts, that could trigger further investigation and potential policy changes. The idea is to create more transparency and potentially address disparities in lending. However, it's worth pointing out that the bill also exempts Farm Credit System institutions from some regulations under the Equal Credit Opportunity Act (SEC. 3), which is designed to prevent lending discrimination. This exemption is something to keep an eye on.
There's a built-in escape hatch: if a related rule (12 CFR part 1002, subpart B) gets struck down by a court or repealed, Farm Credit System institutions are off the hook for these new data collection rules (SEC. 4). Also, while the bill aims to protect borrowers' personal information, any time data is collected, there are always potential privacy concerns. The success of this bill hinges on how carefully that data is handled and how effectively the FCA uses it to ensure fair lending practices.