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The Farm Bill – Standalone or via Reconciliation?

By Roger McEowen on May 2, 2026
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Overview

Is it really necessary to have a Farm Bill rather than the way it was done via reconciliation under the OBBBA and with ad hoc disaster payments added after-the-fact when deemed necessary? What are the pros and cons? The question of whether a traditional, multi-year Farm Bill is a constitutional necessity or merely an outdated artifact of legislative compromise – as opposed to a model of targeted reconciliation and ad hoc assistance – is one of the most critical debates in current agricultural policy. The answer turns on the tension between structural stability and fiscal discipline.

To analyze this, the process of lawmaking must be separated from the outcome of the policy.

The Case for the Traditional Farm Bill: Statutory Certainty

From a legal and economic standpoint, the primary benefit of a traditional Farm Bill is the establishment of a long-term regulatory and subsidy framework. In agriculture, capital investment decisions – land acquisition, equipment upgrades, and multi-year production strategies – are predicated on the predictability of the legislative environment.

  • Market Stability: When farmers know the rules for the next five years, they can plan. A statutory framework provides the “baseline” against which producers and lenders measure risk.
  • The “Regular Order” Defense: While messy, the legislative process of a Farm Bill theoretically subjects policy to committee hearings, public testimony, and floor debate. This is the constitutional design for transparency and accountability.
  • The “Logroll” Paradox: Critics often deride the coupling of nutrition (SNAP) and commodity programs as inefficient. However, from a legislative strategy perspective, this “logroll” is what facilitates the passage of agricultural policy in a diverse Congress.

The Case for Reconciliation and Ad Hoc Payments

The move toward using reconciliation (as seen in the OBBBA of 2025) and ad hoc disaster payments represents a shift toward a more centralized, reactive governance model.

  • Legislative Efficiency: Reconciliation allows the majority party to bypass the Senate filibuster, enabling the passage of complex tax and spending provisions that would otherwise be deadlocked. It is a tool of convenience that prioritizes output over broad consensus.
  • Reactive Precision: Ad hoc disaster payments (e.g., WHIP+ or ERP iterations) can be tailored to specific, acute events (like the weather volatility of the past few years). They do not require the massive, omnibus reauthorization of entire titles of the Farm Bill.

Comparison Table

FeatureTraditional Farm BillReconciliation + Ad Hoc Approach
PredictabilityHigh (Multi-year horizon)Low (Dependent on legislative whims)
Fiscal ImpactTransparent, budgeted in advance   Often unbudgeted, deficit-driving
Constitutional Order Deliberative, Committee-driven    Centralized, Leadership-driven
Market SignalConsistent baselineDistorts signals (producers wait for checks)
AccountabilityClearer legislative intentIncreased administrative discretion

Bottom Line

The shift toward a reliance on ad hoc payments and reconciliation is fundamentally concerning for several reasons:

  • The Erosion of Fiscal Discipline.  Ad hoc payments operate outside of the standard budget scoring process. Because they are not pre-authorized, they frequently bypass the spending caps that are intended to keep the federal deficit in check. This is, in essence, “governing by crisis.” It allows the executive branch or congressional leadership to steer funds to specific districts or interest groups without the discipline of the appropriations process.
  • The Rise of “Administrative Rent-Seeking.”  When payments are ad hoc, the eligibility criteria are often defined by administrative rulemaking rather than firm statutory language. This shifts power from the legislative branch (Congress) to the executive branch (USDA/FSA). It also forces agricultural producers to become lobbyists, constantly seeking the next round of “emergency” funding rather than focusing on market-based risk management or actuarially sound crop insurance.
  • Market Distortion.  Perhaps the most damaging aspect of the ad hoc model is the distortion of market signals. If a producer believes a disaster payment is imminent regardless of their risk management or crop insurance choices, the incentive to participate in the private insurance market diminishes. This creates a cycle of dependency where the federal government becomes the “insurer of first resort,” a role it is ill-equipped to perform.

Conclusion

Is a traditional Farm Bill “necessary”? If the goal is a functioning, market-oriented agricultural sector that minimizes federal interference, yes.

The Farm Bill, for all its flaws, remains the most effective mechanism for codifying agricultural policy into law. It forces compromise, requires long-term fiscal planning, and limits the ability of the executive branch to manipulate the market via discretionary ad hoc payments. The trend toward reconciliation and ad hoc intervention is efficient in the short term, but it is dangerous in the long term; it hollows out the legislative process, destroys fiscal constraints, and ultimately replaces a stable regulatory environment with a regime of political favor-seeking.

Photo of Roger McEowen Roger McEowen

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the…

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the Director of the ISU Center for Agricultural Law and Taxation (CALT), which he founded.  Under his leadership, CALT utilized no taxpayer funds in its operations and fully funded staff salaries and benefits, as well as office rent, equipment and supplies, and travel costs from funds generated by seminars and other education-related events and materials.  At ISU he also introduced an agricultural law course into the undergraduate curriculum initially as an experimental course, ultimately building the course from the ground-up to almost 100 students in attendance by the spring semester of 2015.  He was also the highest rated speaker at the annual fall CALT tax schools every year through 2015.  Before joining Iowa State in 2004, he was an associate professor of agricultural law and extension specialist in agricultural law and policy at Kansas State. From 1991-1993, McEowen was in the full-time practice of law with Kelley, Scritsmier and Byrne in North Platte, Nebraska.

McEowen also teaches an undergraduate course in agricultural law at Kansas State University, and has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. He has also previously taught at Washburn Law School and the Drake University School of Law Summer Institute in Agricultural Law.

He has published scholarly articles in the Journal of Agricultural Taxation and Law, Indiana Law Review, Drake Journal of Agricultural Law, North Dakota Law Review, Nebraska Law Review, Monthly Digest of Tax Articles, Tax Notes, West’s Social Security Reporting System, Toledo Law Review, Washburn Law Journal, Creighton Law Review, Agricultural Law Update, and the Agricultural Law Digest. He is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. His Agricultural Law and Taxation Blog, part of the Law Professor Blogs Network, contains approximately 130 detailed and fully annotated articles annually and is the most widely read agriclultural law and taxation blog online.  In mid-2017, Prof. McEowen’s new book, Agricultural Law in a Nutshell, was published by West Academic Publishing Co.  McEowen also authors the monthly publication, “Kansas Farm and Estate Law.” In addition, he co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income, and is the lead author of a BNA portfolio concerning the income taxation of cooperatives.  He is also the Editor of the Iowa Bar Tax Manual, and Estate Planning for Farmers and Ranchers and Family Business Organizations, both Thomson/West publications.

Prof. McEowen conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. He also conducts two radio programs each airing twice monthly heard across the Midwest and on the worldwide web.  In addition,his two-minute radio program, “The Agricultural Law and Tax Report,” is heard each weekday by over 2 million listeners on farm radio stations from NY to CA as well as SiriusXM 147. He also can be seen as a weekly guest on RFD-TV where he discusses various agricultural law and tax topics with the RFD-TV hosts.

In 2003, McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award, becoming the youngest recipient in AALA history.  He is also the recipient of the AALA’s award of excellence for professional scholarship. In 2006, McEowen was named the President-Elect of the AALA.

He received a B.S. with distinction from Purdue University in Management in 1986, an M.S. in Agricultural Economics from Iowa State University in 1990, and a J.D. from the Drake University School of Law in 1991.

He is a member of the Iowa and Kansas Bar Associations and is admitted to practice in Nebraska. He is also a past member of the AALA Board of Directors.

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