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7 U.S.C. § 1999Interest rate reduction program

submitted 41 years ago by Pub. L. 87-128 to r/title-7-AGRICULTURE · 618 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Secretary to run a program that lowers interest rates on guaranteed loans when specified borrower and lender conditions are met. It sets limits on payments and reserved funds, requires a lender list, and requires a 60-day wait before certain foreclosure actions.

(a) Establishment of program The Secretary must establish and carry out, as this section requires, an interest rate reduction program for loans guaranteed under this chapter. (b) Contracts with lenders Under the program, the Secretary must enter into a contract with, and make payments to, a legally organized institution to reduce the interest rate that a borrower pays during the contract term on a guaranteed loan made by that institution if— (1) the borrower— (A) cannot obtain enough credit elsewhere to finance the borrower’s actual needs at reasonable rates and terms, considering private and cooperative rates and terms for a loan for a similar purpose and period in the community where the borrower lives or in a nearby community; (B) otherwise cannot make timely payments on the loan; and (C) has total estimated cash income during the 24-month period beginning when the contract is entered into, including all farm and nonfarm income, that will equal or exceed the borrower’s total estimated cash expenses during that period, including all farm and nonfarm expenses; and (2) the lender reduces the annual interest rate payable on the loan during the contract term by at least the percentage specified in the contract. (c) Payments to lenders For a contract that a lender enters into under subsection (b) to reduce the interest rate paid on a loan, the Secretary must pay the lender no more than 100 percent of the cost of reducing the loan’s annual interest rate. But the payment may not be more than the cost of reducing the rate by 4 percent. (d) Duration of contracts A contract under this section to reduce the interest rate on a guaranteed loan may not last longer than the remaining term of that loan. (e) Agricultural Credit Insurance Fund use limitation (1) Despite any other provision of this chapter, the Secretary may use the Agricultural Credit Insurance Fund established under section 1929 of this title to carry out this section. (2) Maximum amount of funds— (A) In general The total amount of funds that the Secretary uses to carry out this section in a fiscal year may not exceed $750,000,000. (B) Beginning and veteran farmers and ranchers— (i) In general The Secretary must reserve at least 15 percent of the funds used 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) Duration of reservation of funds Funds reserved under clause (i) for farmers or ranchers for a fiscal year must remain reserved only until March 1 of that fiscal year. (f) List of lender participants in guaranteed loan program On request, the Secretary must make available to farmers a list of lenders in the area that participate in guaranteed farm loan programs. The list must also include other lenders in the area that say they want to participate in those programs and ask to be included. (g) Foreclosure action provision in farm loan guarantees Despite any other law, every contract of guarantee for a farm loan entered into under this chapter after January 6, 1988, must state that the lender may not begin foreclosure action on the guaranteed loan until 60 days after a determination is made about whether the borrower is eligible to participate in the program under this section.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of program

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—

(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) Payments to lenders

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) 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 and veteran 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 or veteran farmers and ranchers (as defined in section 2279(a) of this title).

(ii)Duration of reservation of funds.—

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) 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.

Source credit: (Pub. L. 87–128, title III, § 351, as added Pub. L. 99–198, title XIII, § 1320, Dec. 23, 1985, 99 Stat. 1532; amended Pub. L. 100–233, title VI, § 613(b), (c), Jan. 6, 1988, 101 Stat. 1674; Pub. L. 101–508, title I, § 1202(b)(1), (c), Nov. 5, 1990, 104 Stat. 1388–10, 1388–11; Pub. L. 104–105, title II, § 220, Feb. 10, 1996, 110 Stat. 184; Pub. L. 104–127, title VI, § 643(a), Apr. 4, 1996, 110 Stat. 1102; Pub. L. 107–171, title V, § 5313, May 13, 2002, 116 Stat. 347; Pub. L. 115–334, title XII, § 12306(d), Dec. 20, 2018, 132 Stat. 4970.)

history & why it existsrecord from the source credit
  • 1985Enacted · Pub. L. 87-128 · 99 Stat. 1532
  • 1988Amended · Pub. L. 100-233 · 101 Stat. 1674
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 1996Amended · Pub. L. 104-105 · 110 Stat. 184
  • 1996Amended · Pub. L. 104-127 · 110 Stat. 1102
  • 2002Amended · Pub. L. 107-171 · 116 Stat. 347
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4970

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-128 on 1985-12-23.

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