PolicyBrief
S. 984
119th CongressMar 12th 2025
Fair Access to Agriculture Disaster Programs Act
IN COMMITTEE

This act exempts farmers, ranchers, and foresters whose primary income is derived from agriculture from certain federal disaster program income limitations.

Alejandro "Alex" Padilla
D

Alejandro "Alex" Padilla

Senator

CA

LEGISLATION

Fair Access Act Drops Income Cap for Farmers Earning 75% of Income from the Land

The 'Fair Access to Agriculture Disaster Programs Act' is a move to make sure federal aid programs actually benefit the people who are farming full-time. If you’re a farmer, rancher, or forester, this bill sets up a new exception that could be a big deal when disaster strikes or when you need subsidy help. Essentially, if you can prove that at least 75% of your average adjusted gross income comes directly from agriculture, you get a free pass on a specific federal income limit that usually restricts access to certain key programs.

The 75% Rule: Keeping Aid Focused

Existing federal farm programs often have income caps designed to limit payouts to massive, highly diversified corporations that might not need the aid. This bill carves out an exception for the people truly dependent on agriculture. If three-quarters of your income is tied to the land, that specific income cap—set in Section 1001D(b) of the Food Security Act of 1985—will not apply to you when you seek payments under certain programs, specifically those covering disaster assistance and some subsidies from the 1996 and 2014 Farm Acts. This ensures that aid meant for producers who rely on farming as their primary livelihood isn't blocked by an arbitrary income ceiling.

Counting the Farm Income

What’s interesting is how the bill defines 'farming income.' It’s not just about selling corn or cattle. The bill casts a wide net, including money made from things like agritourism (think corn mazes or farm stays), direct-to-consumer sales (like a roadside stand or CSA box), and even the sale of agricultural equipment owned by the farm entity. This is smart because it acknowledges that modern farming operations often diversify to stay afloat. For example, a small rancher who sells specialty beef directly to local restaurants and runs a weekend hayride business would have both revenue streams count toward that crucial 75% threshold, making it easier to qualify for disaster relief when they need it most.

Who Benefits, and Who’s Watching?

This change is a clear win for dedicated, full-time producers—the folks who truly live and die by the harvest. It removes a potential bureaucratic hurdle that could prevent them from accessing federal support when a drought or flood hits. However, the bill gives the Secretary of Agriculture the authority to determine if an applicant meets that 75% threshold. While necessary, this administrative power introduces a medium level of vagueness. The rules for calculating and verifying that 75% need to be clear and consistent, or we could see disputes over who qualifies and who doesn't. Also, while this helps primary producers, it potentially increases the total amount of federal aid distributed, which means taxpayers are absorbing more risk. And for those agricultural producers who don't meet the 75% income test, they may face stiffer competition for the limited funds available in these programs.