The Secretary shall establish and carry out in accordance with this section an interest rate reduction program for loans guaranteed under this chapter.
(b) Contracts with lenders
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—
(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) Payments to lenders
In return for a contract entered into by a lender under subsection (b) of this section 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) Duration of contracts
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) Agricultural Credit Insurance Fund use limitation
(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) Maximum amount of funds.—
(A) In general.— 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) Beginning farmers and ranchers.—
(i) In general.— 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.
(ii) Duration of reservation of funds.— Funds reserved for beginning farmers or ranchers under clause (i) for a fiscal year shall be reserved only until March 1 of the fiscal year.
(f) List of lender participants in guaranteed loan program
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) Foreclosure action provision in farm loan guarantees
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.
For definition of “this chapter”, referred to in subsecs. (a)(1), (e)(1), and (g), see note set out under section
1921 of this title.
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. 104–105inserted 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).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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