§1999 — Title 7 Agriculture | U.S. Code

Summary

The Secretary must run a program that lowers the interest rate on certain guaranteed farm loans. The Secretary makes a contract with a lender and pays the lender so the borrower’s interest rate is reduced for the contract term. To get the lower rate, a borrower must not be able to find enough credit elsewhere at reasonable terms, must be having trouble making timely payments, and must expect cash income over the next 24 months that is at least equal to estimated cash expenses. The lender must cut the loan’s interest by at least the minimum percent in the contract. The Secretary will pay up to 100 percent of the lender’s cost to lower the rate, but payments cannot cover a rate cut larger than 4 percent. Contracts cannot last longer than the loan. The program can use the Agricultural Credit Insurance Fund and may use no more than $750,000,000 in a fiscal year. At least 15 percent of those funds must be set aside for beginning or veteran farmers until March 1 of the year. On request, the Secretary must give borrowers a list of participating local lenders. For guaranteed loans made after January 6, 1988, lenders may not start foreclosure until 60 days after a decision is made about the borrower’s program eligibility.

Title 7, §1999

Agriculture — Source: USLM XML via OLRC

(a)The Secretary shall establish and carry out in accordance with this section an interest rate reduction program for loans guaranteed under this chapter.

(b)Under such program, the Secretary shall enter into a contract with, and make payments to, a legally organized institution to reduce during the term of such contract the interest rate paid by a borrower on a guaranteed loan made by such institution if—

(1)the borrower—

(A)is unable to obtain sufficient credit elsewhere to finance the actual needs of the borrower at reasonable rates and terms, taking into consideration private and cooperative rates and terms for a loan for a similar purpose and period of time in the community in or near which the borrower resides;

(B)is otherwise unable to make payments on such loan in a timely manner; and

(C)has a total estimated cash income during the 24-month period beginning on the date such contract is entered into (including all farm and nonfarm income) that will equal or exceed the total estimated cash expenses to be incurred by the borrower during such period (including all farm and nonfarm expenses); and

(2)the lender reduces during the term of such contract the annual rate of interest payable on such loan by a minimum percentage specified in such contract.

(c)In return for a contract entered into by a lender under subsection (b) for the reduction of the interest rate paid on a loan, the Secretary shall make payments to the lender in an amount equal to not more than 100 percent of the cost of reducing the annual rate of interest payable on such loan, except that such payments may not exceed the cost of reducing such rate by more than 4 percent.

(d)The term of a contract entered into under this section to reduce the interest rate on a guaranteed loan may not exceed the outstanding term of such loan.

(e)(1)Notwithstanding any other provision of this chapter, the Agricultural Credit Insurance Fund established under section 1929 of this title may be used by the Secretary to carry out this section.

(2)(A)The total amount of funds used by the Secretary to carry out this section for a fiscal year shall not exceed $750,000,000.

(B)(i)The Secretary shall reserve not less than 15 percent of the funds used by the Secretary under subparagraph (A) to make payments for guaranteed loans made to beginning farmers and ranchers or veteran farmers and ranchers (as defined in section 2279(a) of this title).

(ii)Funds reserved for farmers or ranchers under clause (i) for a fiscal year shall be reserved only until March 1 of the fiscal year.

(f)The Secretary shall make available to farmers, on request, a list of lenders in the area that participate in guaranteed farm loan programs and other lenders in the area that express a desire to participate in such programs and that request inclusion in the list.

(g)Notwithstanding any other provision of law, each contract of guarantee on a farm loan entered into under this chapter after January 6, 1988, shall contain a condition that the lender of the guaranteed loan may not initiate foreclosure action on the loan until 60 days after a determination is made with respect to the eligibility of the borrower thereof to participate in the program under this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1), (e)(1), and (g), was in the original “this title”, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see

Short Title

note set out under section 1921 of this title and Tables.

Amendments

2018—Subsec. (e)(2)(B). Pub. L. 115–334, § 12306(d)(1), inserted “and veteran” after “Beginning” in heading. Subsec. (e)(2)(B)(i). Pub. L. 115–334, § 12306(d)(2), inserted before period at end “or veteran farmers and ranchers (as defined in section 2279(a) of this title)”. Subsec. (e)(2)(B)(ii). Pub. L. 115–334, § 12306(d)(3), struck out “beginning” before “farmers or ranchers”. 2002—Subsec. (a). Pub. L. 107–171, § 5313(1), struck out par. (1) designation and heading and struck out heading and text of par. (2). Text read as follows: “The authority provided by this subsection shall terminate on September 30, 2002.” Subsec. (e)(2). Pub. L. 107–171, § 5313(2), added par. (2) and struck out former par. (2) which read as follows: “The total amount of funds used by the Secretary to carry out this section may not exceed $490,000,000.” 1996—Subsec. (a). Pub. L. 104–105 inserted heading, designated existing provisions as par. (1) and inserted heading, and added par. (2). Subsec. (f). Pub. L. 104–127, § 643(a)(1), substituted “The Secretary” for “Each Farmers Home Administration county supervisor” and “list of lenders” for “list of approved lenders” and struck out “the Farmers Home Administration” before “guaranteed farm loan programs”. Subsec. (h). Pub. L. 104–127, § 643(a)(2), struck out subsec. (h) which established a demonstration project during 4-year period beginning Jan. 6, 1988, for purchase of Farm Credit System land. 1990—Subsec. (c). Pub. L. 101–508, § 1202(b)(1)(A), substituted “100 percent” for “50 percent” and “4 percent” for “2 percent”. Subsec. (d). Pub. L. 101–508, § 1202(b)(1)(B), struck out “, or 3 years, whichever is less” after “term of such loan”. Subsec. (h)(1). Pub. L. 101–508, § 1202(c), substituted “4-year” for “3-year”. 1988—Subsec. (b)(1)(C). Pub. L. 100–233, § 613(b)(1), substituted “24-month” for “12-month”. Subsecs. (f), (g). Pub. L. 100–233, § 613(b)(2), added subsecs. (f) and (g). Subsec. (h). Pub. L. 100–233, § 613(c), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as an

Effective Date

note under section 1994 of this title. Effective and Termination DatesThat part of section 1320 of Pub. L. 99–198, as amended by Pub. L. 100–233, title VI, § 613(a), Jan. 6, 1988, 101 Stat. 1674; Pub. L. 101–508, title I, § 1202(b)(2), Nov. 5, 1990, 104 Stat. 1388–11, which provided that this section was effective only for the period beginning Dec. 23, 1985, and ending Sept. 30, 1995, was repealed by Pub. L. 104–127, title VI, § 643(b), Apr. 4, 1996, 110 Stat. 1103.

§1999 Interest Rate Reduction Program

Summary

Title 7, §1999

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata