Title 15Commerce and TradeRelease 119-73not60

§1843 Limitations and Conditions of Loan Guarantees

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

Last updated Apr 3, 2026|Official source

Summary

The government can guarantee a loan only if the Board finds three things: the loan is needed so the borrower can keep providing goods or services and not doing so would hurt the national or regional economy or jobs, the borrower cannot get credit on reasonable terms elsewhere, and the borrower’s future earnings plus the value and quality of the pledged collateral make repayment likely and protect the United States. The lender must also certify it would not make the loan without the guarantee. Guaranteed loans must be paid back in no more than 5 years, with an optional renewal for up to 3 more years. The Board sets the interest rate for the lender based on the lower risk from the guarantee and comparable market rates. The Board also charges a guarantee fee to cover administrative costs and government risk. That fee must be at least large enough so that interest plus the fee equals what normal markets would charge for a similar loan.

Full Legal Text

Title 15, §1843

Commerce and Trade — Source: USLM XML via OLRC

(a)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)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)(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 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60