References in Text
The Consolidated Farm and Rural Development Act, referred to in par. (7)(B), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§ 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see
Short Title
note set out under
section 1921 of Title 7 and Tables. The Rural Electrification Act of 1936, referred to in par. (7)(C), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see
section 901 of Title 7 and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical
Amendments
to this section. The
Amendments
by Pub. L. 110–234 were repealed by
section 4(a) of Pub. L. 110–246.
Amendments
2018—Par. (2). Pub. L. 115–334, § 5411(42)(A), substituted “means the board of directors established under
section 2279aa–2 of this title.” for “means— “(A) the interim board of directors established in
section 2279aa–2(a) of this title; and “(B) the permanent board of directors established in
section 2279aa–2(b) of this title; as the case may be.” Par. (6). Pub. L. 115–334, § 5411(42)(B), (C), redesignated par. (7) as (6) and struck out former par. (6) which defined “interim board” to mean the interim board of directors established in
section 2279aa–2(a) of this title. Par. (7). Pub. L. 115–334, § 5411(42)(C), (D), redesignated par. (9) as (7) and substituted “(b) and (c)” for “(b) through (d)” in subpar. (B)(i). Former par. (7) redesignated (6). Par. (8). Pub. L. 115–334, § 5411(42)(B), (C), redesignated par. (10) as (8) and struck out former par. (8) which defined “permanent board” to mean the permanent board of directors established in
section 2279aa–2(b) of this title. Pars. (9), (10). Pub. L. 115–334, § 5411(42)(C), redesignated pars. (9) and (10) as (7) and (8), respectively. 2008—Par. (9)(C). Pub. L. 110–246, § 5406(a), added subpar. (C). 1996—Par. (1)(B)(ii). Pub. L. 104–105, § 101, substituted “, excluding the land to which the dwelling is affixed, with a value” for “with a purchase price”. Par. (3)(A). Pub. L. 104–105, § 102(1), substituted “an agricultural mortgage marketing” for “a secondary marketing agricultural loan”. Par. (3)(B). Pub. L. 104–105, § 102(2), struck out “, but only with respect to qualified loans described in paragraph (9)(B)” after “thereof”. Par. (9)(B)(i). Pub. L. 104–105, §§ 108(c)(1), 109(b)(1), substituted “(d)” for “(f)” and “2279aa–8” for “2279aa–7, 2279aa–8,”. 1990—Par. (3). Pub. L. 101–624, § 1839(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘certified facility’ means a secondary marketing agricultural loan facility that is certified under
section 2279aa–5 of this title.” Par. (9). Pub. L. 101–624, § 1839(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “The term ‘qualified loan’ means an obligation that— “(A) is secured by a fee-simple or leasehold mortgage with status as a first lien on agricultural real estate located in the United States that is not subject to any legal or equitable claims deriving from a preceding fee-simple or leasehold mortgage; “(B) is an obligation of— “(i) a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; or “(ii) a private corporation or partnership whose members, stockholders, or partners holding a majority interest in the corporation or partnership are individuals described in clause (i); and “(C) is an obligation of a person, corporation, or partnership that has training or farming experience that, under criteria established by the Corporation, is sufficient to ensure a reasonable likelihood that the loan will be repaid according to its terms.” 1988—Par. (9)(B)(ii). Pub. L. 100–399 substituted “holding” for “hold” and struck out “and” before “are”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see
section 4 of Pub. L. 110–246, set out as an
Effective Date
note under
section 8701 of Title 7, Agriculture.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see
section 1001(a) of Pub. L. 100–399, set out as a note under
section 2002 of this title. Statement of Purpose Pub. L. 100–233, title VII, § 701, Jan. 6, 1988, 101 Stat. 1686, provided that: “It is the purpose of this subtitle [subtitle A (§§ 701–705) of title VII of Pub. L. 100–233, enacting this subchapter, amending
section 2012, 2033, 2072, and 2093 of this title and
section 9105 of Title 31, Money and Finance, and enacting provisions set out as a note below]— “(1) to establish a corporation chartered by the Federal Government; “(2) to authorize the certification of agricultural mortgage marketing facilities by the corporation; “(3) to provide for a secondary marketing arrangement for agricultural real estate mortgages that meet the underwriting standards of the corporation—“(A) to increase the availability of long-term credit to farmers and ranchers at stable interest rates; “(B) to provide greater liquidity and lending capacity in extending credit to farmers and ranchers; and “(C) to provide an arrangement for new lending to facilitate capital market investments in providing long-term agricultural funding, including funds at fixed rates of interest; and “(4) to enhance the ability of individuals in small rural communities to obtain financing for moderate-priced homes.” GAO Studies Pub. L. 100–233, title VII, § 704, Jan. 6, 1988, 101 Stat. 1706, as amended by Pub. L. 100–399, title VI, § 603, Aug. 17, 1988, 102 Stat. 1006, directed Comptroller General of United States to conduct studies of (1) implementation of
Amendments
made by subtitle A (§§ 701–705) of title VII of Pub. L. 100–233 (which enacted this subchapter and amended
section 2012, 2033, 2072, and 2093 of this title and
section 9105 of Title 31, Money and Finance) by Federal Agricultural Mortgage Corporation and effect of operations of Corporation on producers, Farm Credit System, and other lenders, and capital markets, (2) feasibility and appropriateness of promoting establishment of a secondary market for securities representing interests in, or obligations backed by, pools of agricultural real estate loans for which a guarantee had not been provided by Federal Agricultural Mortgage Corporation, and (3) feasibility of expanding authority granted under
Amendments
made by such subtitle A to authorize sale of securities based on or backed by a trust or pool consisting of loans made to farm-related and rural small businesses, and required, not later than Jan. 6, 1990, Comptroller General to transmit to Congress a report on the studies, including therein such recommendations for administrative action and legislation as might be appropriate.