Title 15, Commerce and TradeRelease 119-110

§1843 Limitations and Conditions of Loan Guarantees

Title 15 › CHAPTER 45 — EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES › § 1843

Last updated Sep 22, 2026|Official source

Summary

The Board can guarantee a loan only if it finds three things: the loan is needed so the borrower can keep providing goods or services and without it the nation or a region would face serious economic or job harm; the borrower can’t get credit elsewhere on fair terms; and the borrower’s future earnings and the pledged collateral make repayment likely and give the government reasonable protection. The lender must also say it would not make the loan without the guarantee. Guaranteed loans must be paid back in no more than 5 years and may be renewed for up to 3 more years. The Board sets the interest rate, considering the lower risk from the guarantee and rates for similar loans. The Board also charges a guarantee fee to cover its costs and risk. That fee must be at least enough so that interest plus fee equals what similar loans in the normal market would cost for the same risk and length.

Full Legal Text

Title 15, §1843

Commerce and Trade, Source: USLM XML via OLRC

(a)Necessary findings
A guarantee of a loan may be made under this chapter only if—
(1)the Board finds that (A) the loan is needed to enable the borrower to continue to furnish goods or services and failure to meet this need would adversely and seriously affect the economy of or employment in the Nation or any region thereof, (B) credit is not otherwise available to the borrower under reasonable terms or conditions, and (C) the prospective earning power of the borrower, together with the character and value of the security pledged, furnish reasonable assurance that it will be able to repay the loan within the time fixed, and afford reasonable protection to the United States; and
(2)the lender certifies that it would not make the loan without such guarantee.
(b)Term of loans; renewal
Loans guaranteed under this chapter shall be payable in not more than five years, but may be renewable for not more than an additional three years.
(c)Interest rates, determination; guarantee fee
(1)Loans guaranteed under this chapter shall bear interest payable to the lending institutions at rates determined by the Board taking into account the reduction in risk afforded by the loan guarantee and rates charged by lending institutions on otherwise comparable loans.
(2)The Board shall prescribe and collect a guarantee fee in connection with each loan guaranteed under this chapter. Such fee shall reflect the Government’s administrative expense in making the guarantee and the risk assumed by the Government and shall not be less than an amount which, when added to the amount of interest payable to the lender of such loan, produces a total charge appropriate for loan agreements of comparable risk and maturity if supplied by the normal capital markets.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1843

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110