7 U.S.C. § 7934 — Repayment of loans
submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 884 words · no verdicts yet
This section sets repayment rates for marketing assistance loans, including different rules for most loan commodities, upland cotton and rice, extra long staple cotton, sunflower seeds, and certain other crops. It also provides a temporary upland-cotton price adjustment and a good-faith rule for certain 2001 loans.
(a) General rule. For most loan commodities — but not upland cotton, rice, extra long staple cotton*, or confectionery and other non-oil sunflower seed — the Secretary* must let farmers repay their marketing loan at whichever is lower:
(1) the loan rate set under section 7932, plus interest figured under section 7283; or
(2) a rate the Secretary picks instead, chosen to do five things: (A) cut down on farmers giving up (forfeiting) their crops to the government; (B) keep the government from piling up stockpiles of the commodity; (C) keep down the government's cost of storing the commodity; (D) let the commodity be sold freely and competitively, both in the U.S. and abroad; and (E) keep the loan benefits roughly even across different states and counties.
(b) Upland cotton and rice. For these two commodities, farmers repay at whichever is lower: the loan rate plus interest, or the "prevailing world market price" (adjusted for U.S. quality and location), as the Secretary determines it.
(c) Extra long staple cotton. This commodity has no lower option — it must be repaid at the full loan rate plus interest, always.
(d) Setting the world market price. The Secretary must write regulations that create (1) a formula for figuring out the prevailing world market price for upland cotton and rice, and (2) a system for announcing that price regularly.
(e) Extra adjustment for upland cotton (May 13, 2002 through July 31, 2008). The world market price for upland cotton gets adjusted further if two things are both true: (A) the price, before this adjustment, is below 115% of the upland cotton loan rate, and (B) the Friday-through-Thursday average price quotation for the lowest-priced United States growth, quoted for Middling (M) 1 3/32-inch cotton delivered C.I.F. Northern Europe, is higher than the Friday-through-Thursday average price of the five lowest-priced upland-cotton growths, quoted for Middling (M) 1 3/32-inch cotton delivered C.I.F. Northern Europe (called the "Northern Europe price"). If both are true, the Secretary adjusts the price further using data such as the U.S. share of world cotton exports and current export sales and shipments — but this further adjustment can never be bigger than the gap between the U.S. price and the Northern Europe price.
(f) Confectionery and other sunflower seed. Farmers growing confectionery sunflower seed or other non-oil sunflower seed kinds repay at whichever is lower: the loan rate plus interest, or the repayment rate set for regular oil sunflower seed.
(g) Dry peas, lentils, and small chickpeas. Repayment for these three crops uses the same quality grades set in section 7932(d).
(h) 2001 good-faith exception. This is a one-time rule for the 2001 crop only. If a farmer already sold or lost the loan commodity* before repaying an old loan made under section 7231, and the Secretary decides the farmer acted in good faith, the farmer can repay using the rate that was in effect on the date they lost the commodity, under the older section 7234.
The Secretary* shall permit the producers on a farm to repay a marketing assistance loan under section 7931 of this title for a loan commodity* (other than upland cotton, rice, extra long staple cotton*, and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of—
the loan rate established for the commodity under section 7932 of this title, plus interest (determined in accordance with section 7283 of this title); or
a rate that the Secretary determines will—
minimize potential loan forfeitures;
minimize the accumulation of stocks of the commodity by the Federal Government;
minimize the cost incurred by the Federal Government in storing the commodity;
allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and
minimize discrepancies in marketing loan benefits across State* boundaries and across county boundaries.
The Secretary shall permit producers to repay a marketing assistance loan under section 7931 of this title for upland cotton and rice at a rate that is the lesser of—
the loan rate established for the commodity under section 7932 of this title, plus interest (determined in accordance with section 7283 of this title); or
the prevailing world market price for the commodity (adjusted to United States quality and location), as determined by the Secretary.
Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 7932 of this title, plus interest (determined in accordance with section 7283 of this title).
For purposes of this section and section 7937 of this title, the Secretary shall prescribe by regulation—
a formula to determine the prevailing world market price for upland cotton and rice, adjusted to United States quality and location; and
a mechanism by which the Secretary shall announce periodically the prevailing world market price for upland cotton and rice.
During the period beginning on May 13, 2002, through July 31, 2008, the prevailing world market price for upland cotton (adjusted to United States quality and location) established under subsection (d) shall be further adjusted if—
the adjusted prevailing world market price is less than 115 percent of the loan rate for upland cotton established under section 7932 of this title, as determined by the Secretary; and
the Friday through Thursday average price quotation for the lowest-priced United States growth as quoted for Middling (M) 13⁄32-inch cotton delivered C.I.F. Northern Europe is greater than the Friday through Thursday average price of the 5 lowest-priced growths of upland cotton, as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe (referred to in this section as the “Northern Europe price”).
Except as provided in paragraph (3), the adjusted prevailing world market price for upland cotton shall be further adjusted on the basis of some or all of the following data, as available:
The United States share of world exports.
The current level of cotton export sales and cotton export shipments.
Other data determined by the Secretary to be relevant in establishing an accurate prevailing world market price for upland cotton (adjusted to United States quality and location).
The adjustment under paragraph (2) may not exceed the difference between—
the Friday through Thursday average price for the lowest-priced United States growth as quoted for Middling 13⁄32-inch cotton delivered C.I.F. Northern Europe; and
the Northern Europe price.
The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 7931 of this title for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of—
the loan rate established for the commodity under section 7932 of this title, plus interest (determined in accordance with section 7283 of this title); or
the repayment rate established for oil sunflower seed.
The loan repayment rate for dry peas, lentils, and small chickpeas shall be based on the quality grades for the applicable commodity specified in section 7932(d) of this title.
For the 2001 crop year only, in the case of the producers on a farm that marketed or otherwise lost beneficial interest in a loan commodity for which a marketing assistance loan was made under section 7231 of this title before repaying the loan, the Secretary shall permit the producers to repay the loan at the appropriate repayment rate that was in effect for the loan commodity under section 7234 of this title on the date that the producers lost beneficial interest, as determined by the Secretary, if the Secretary determines the producers acted in good faith.
Source credit: (Pub. L. 107–171, title I, § 1204, May 13, 2002, 116 Stat. 156; Pub. L. 108–7, div. A, title VII, § 763(c), Feb. 20, 2003, 117 Stat. 47.)
- 2002Enacted · Pub. L. 107-171 · 116 Stat. 156
- 2003Amended · Pub. L. 108-7 · 117 Stat. 47
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-171 on 2002-05-13.
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