Protecting Agricultural Borrower Information Act
- Sponsor
- Rep. McClain Delaney, April [D-MD-6]
- Committees
- Agriculture Committee (primary)
- Last action
- Sep 8, 2025
Bottom line
The bill aims to enhance the privacy of agricultural borrowers by restricting data sharing with specific categories of government employees, with penalties for non-compliance.
What it actually does
This bill makes it unlawful for the Farm Service Agency (FSA) or its employees to disclose private information from loan and payment recipients to certain types of government personnel, specifically special government employees and those detailed to the agency. It includes exceptions for statistical data and disclosures made with explicit, non-coerced consent, and establishes penalties for knowing violations.
Proponents argue
Supporters argue that this bill is crucial for safeguarding the sensitive financial and personal data of farmers and ranchers who interact with the Farm Service Agency. They contend that restricting access for temporary or external government personnel will prevent potential misuse, enhance trust between the FSA and its clients, and ensure that private information is only handled by permanent staff with a direct, ongoing need for it.
Opponents contend
Critics might argue that while privacy is important, this bill could inadvertently create unnecessary bureaucratic hurdles or impede legitimate government functions. They may contend that existing privacy laws and agency policies are sufficient, and that restricting data access for special government employees or detailed personnel could hinder inter-agency cooperation, fraud detection efforts, or the ability to leverage specialized expertise for program evaluation and improvement.
The bill text is very short and straightforward, making it highly accessible for a quick read and understanding of its core provisions.
Section 2, amending 7 U.S.C. 1989
Prohibition on Disclosure to Special Government Employees and Detailed Personnel
This provision makes it illegal for the Farm Service Agency (FSA) or its staff to share private information provided by individuals applying for or receiving benefits under the Consolidated Farm and Rural Development Act with two specific groups: 'special government employees' (as defined in 18 U.S.C. 202) and government employees temporarily assigned or 'detailed' to the FSA (under 5 U.S.C. 3341). This aims to limit who within the broader government structure can access sensitive agricultural borrower data.
Supporters argue
Proponents argue that this restriction is vital for protecting the privacy of farmers and ranchers. They believe that sensitive financial and operational data should not be accessible to temporary staff or those not directly employed by the FSA, thereby reducing the risk of data breaches or misuse and fostering greater trust in government agricultural programs.
Critics contend
Opponents might argue that restricting data access for special government employees or detailed personnel could hinder legitimate government functions, such as inter-agency investigations into fraud, program evaluations requiring external expertise, or collaborative efforts with other departments. They might contend that such restrictions could make it harder for the FSA to operate efficiently or leverage specialized skills.
Tradeoffs
This provision balances the desire for enhanced individual privacy with the potential need for government agencies to share information for operational efficiency, oversight, and collaboration. The tension lies in defining the precise boundaries where privacy protections should override access for certain government personnel.
Section 2, amending 7 U.S.C. 1989(f)(2)
Exceptions to Disclosure Prohibition
This part of the bill outlines two specific situations where the general prohibition on data disclosure does not apply. First, information can be shared if it's transformed into a statistical or aggregate form that makes it impossible to identify individual providers. Second, disclosure is allowed if the individual providing the information gives their explicit consent, provided that this consent is not made a mandatory condition for participating in or receiving benefits from an FSA program.
Section 2, amending 7 U.S.C. 1989(f)(3)
Penalties for Violations
This subsection establishes the consequences for knowingly violating the privacy protections outlined in the bill. Any individual who knowingly discloses protected information in violation of the new rules can face a fine of up to $10,000, imprisonment for up to one year, or both. This provision aims to provide a strong deterrent against unauthorized data sharing.