PRIA, Government Policy, Made Personal

Summary

The Secretary of Agriculture must make rules so every program or agency the Secretary oversees takes part in mediation programs certified under section 5101. The Secretary must also join those mediations. Agencies and the Secretary must answer requests for information or help checking information during mediation. If it applies, they must consider and discuss plans to change or restructure debts. The Secretary does not have to follow any mediation decision unless the Secretary agrees to it. The Farm Credit Administration must make rules so Farm Credit System institutions also help with information requests during certified mediations and consider or discuss debt-restructuring plans raised there.

Title 7, §5103

Agriculture, Source: USLM XML via OLRC

(a)Duties of Secretary of Agriculture

(1)In general

The Secretary, with respect to each program or agency under the jurisdiction of the Secretary—

(A)shall prescribe rules requiring each such program or agency to participate in good faith in any State mediation program certified under section 5101 of this title;

(B)shall participate in mediation programs certified under section 5101 of this title; and

(C)shall—

(i)cooperate in good faith with requests for information or analysis of information made in the course of mediation under any mediation program certified under section 5101 of this title; and

(ii)if applicable, present and explore debt restructuring proposals advanced in the course of such mediation.

(2)Nonbinding on Secretary

The Secretary shall not be bound by any determination made in a program described in section 5101 of this title if the Secretary has not agreed to such determination.

(b)Duties of Farm Credit Administration

The Farm Credit Administration shall prescribe rules requiring the institutions of the Farm Credit System—

(1)to cooperate in good faith with requests for information or analysis of information made in the course of mediation under any mediation program described in section 5101 of this title; and

(2)to present and explore debt restructuring proposals advanced in the course of such mediation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a)(1). Pub. L. 103–354, § 282(b)(2), in introductory provisions inserted “or agency” after “each program” and struck out “that makes, guarantees, or insures agricultural loans” after “of the Secretary”. Subsec. (a)(1)(A). Pub. L. 103–354, § 282(b)(1), (3), inserted “or agency” after “such program”, struck out “agricultural loan” after “any State”, and inserted “certified under section 5101 of this title” after “mediation program”. Subsec. (a)(1)(B). Pub. L. 103–354, § 282(b)(1), (4), struck out “, effective beginning on January 6, 1988,” after “shall”, and “agricultural loan” after “participate in”, and inserted “certified under section 5101 of this title” after “mediation programs”. Subsec. (a)(1)(C)(i). Pub. L. 103–354, § 282(b)(1), (5)(A), struck out “agricultural loan” before “mediation program” and substituted “certified under” for “described in”. Subsec. (a)(1)(C)(ii). Pub. L. 103–354, § 282(b)(5)(B), inserted “if applicable,” before “present”. Subsec. (b)(1). Pub. L. 103–354, § 282(b)(1), struck out “agricultural loan” before “mediation program”. 1988—Subsec. (a)(1)(B). Pub. L. 100–399, § 502(a), inserted “effective beginning” before “on”. Subsec. (a)(2). Pub. L. 100–399, § 502(b), substituted “section 5101 of this title” for “paragraph (1)”.

Statutory Notes and Related Subsidiaries

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 Title 12, Banks and Banking.

§5103 Participation of Federal Agencies