PolicyBrief
S. 3126
119th CongressNov 6th 2025
Fair Credit for Farmers Act of 2025
IN COMMITTEE

This Act provides immediate payment deferrals and interest rate reductions for distressed farmers, reforms loan collateralization and eligibility rules, and shifts the burden of proof in certain appeals for low-income producers.

Peter Welch
D

Peter Welch

Senator

VT

LEGISLATION

Distressed Farmers Get 2-Year Loan Payment Holiday and 0.125% Interest Rate Under New 'Fair Credit' Bill

If you are a farmer or rancher struggling to keep up with loan payments, the Fair Credit for Farmers Act of 2025 is the kind of legislation that could offer a serious lifeline. This bill targets financially distressed farmers with a mandate for the Secretary of Agriculture to defer all principal and interest payments on certain direct farm loans for a full two years, starting the day the Act is enacted. Even better, during that 24-month period, the interest rate on the remaining principal for these deferred loans must be slashed to a near-zero 0.125 percent, with the loan maturity date extended by two years to match the deferral period. This is a big deal because it grants immediate, mandatory breathing room to those who need it most, overriding existing legal limits on how long farm loans can run.

The Immediate Financial Lifeline

This payment holiday isn't for everyone, but it covers a significant group. To qualify for the deferment, a farmer must be an “eligible borrower,” meaning they are currently delinquent or financially distressed according to federal regulations. For those who qualify, this provision directly addresses the cash-flow crunch that can cripple a farm operation. Imagine a farmer who was facing default; this bill essentially pauses the clock, allowing them to redirect those loan payments toward operating costs, maintenance, or simply weathering a tough season. This is mandatory relief, not a request the farmer has to beg for, and it’s a massive injection of stability for those on the edge.

Waivers and Protections for Key Groups

The bill also provides targeted relief for “covered producers,” a group that includes limited resource, socially disadvantaged, beginning, and veteran farmers and ranchers. For these groups, the Secretary must require lenders of guaranteed farm loans to waive guarantee fees, which are essentially administrative costs. This fee waiver starts immediately and lasts for at least two years, reducing the cost of accessing capital for those who already face systemic hurdles. This is a clear attempt to make sure the next generation and underserved populations can get their footing without unnecessary friction.

Crucially, the bill also puts up a significant shield around a farmer's principal residence. For direct farm loans, the Secretary can only use a borrower's main home and up to ten acres as collateral if the value of all other available assets is insufficient to secure the loan. Furthermore, if the loan is partially secured by the home, the Secretary must automatically begin the process to release the residence as security the moment the value of the other assets equals 100 percent of the remaining loan amount. This provision directly protects farmers from losing their homes over business debt, making the family home the absolute last resort for collateral, which is a major win for stability and security.

Fair Play in the Paperwork

Beyond the financial relief, the bill introduces significant reforms to the administrative process for the Farm Service Agency (FSA). If the FSA makes an “adverse decision”—denying a loan, benefit, or payment—the determination letter must now include every known reason for the denial, along with specific references to the relevant regulations and handbooks. This cuts down on the bureaucratic runaround where an applicant might fix one issue only to be told there was a second, unstated reason for denial all along. If the agency fails to list a known reason, they can’t use it later to deny the application unless the farmer's situation has substantially changed.

In a move toward fairness, the bill also shifts the burden of proof in appeals for lower-income farmers. If an appellant's adjusted gross income is no more than $300,000 (either for the previous year or a five-year average), the agency must now prove by substantial evidence that its original adverse decision was not wrong. This is a huge procedural change, acknowledging that for struggling farmers, fighting the government should not require the same resources as the government has. It levels the playing field significantly in administrative disputes.

Finally, the bill expands eligibility for equitable relief. This means if the FSA makes an error—for example, denying a loan based on feasibility and then losing the appeal, but the delay caused by the error makes the original loan plan no longer feasible—the farmer can be compensated for the difference between the projected income and expenses. This is a practical way to hold the agency accountable for delays and mistakes that cost farmers real money and time, ensuring that bureaucratic slowness doesn't translate into financial ruin.