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7 U.S.C. § 7934Repayment of loans

submitted 24 years ago by Pub. L. 107-171 to r/title-7-AGRICULTURE · 884 words · no verdicts yet

in plain englishAI-generated · not legal advice

Farmers can repay most marketing loans at the loan rate plus interest, or a lower Secretary-set rate. Upland cotton and rice repay based on the world market price instead. Extra long staple cotton always repays at the full loan rate plus interest. A special rule lets some 2001 crop farmers use an older favorable rate if they acted in good faith.

(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 average U.S. cotton price quoted for delivery in Northern Europe is higher than the average of the five lowest-priced growths worldwide quoted the same way (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. Through July 31, 2006, the Secretary skips the 1.25-cent trigger described in subsection (b) when doing this calculation. (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 actual law source: uscode.house.gov ↗public domain
(a) General rule

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—

(1)

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

(2)

a rate that the Secretary determines will—

(A)

minimize potential loan forfeitures;

(B)

minimize the accumulation of stocks of the commodity by the Federal Government;

(C)

minimize the cost incurred by the Federal Government in storing the commodity;

(D)

allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and

(E)

minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries.

(b) Repayment rates for upland cotton and rice

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—

(1)

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

(2)

the prevailing world market price for the commodity (adjusted to United States quality and location), as determined by the Secretary.

(c) Repayment rates for extra long staple cotton

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).

(d) Prevailing world market price

For purposes of this section and section 7937 of this title, the Secretary shall prescribe by regulation—

(1)

a formula to determine the prevailing world market price for upland cotton and rice, adjusted to United States quality and location; and

(2)

a mechanism by which the Secretary shall announce periodically the prevailing world market price for upland cotton and rice.

(e) Adjustment of prevailing world market price for upland cotton
(1) In general

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—

(A)

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

(B)

the Friday through Thursday average price quotation for the lowest-priced United States growth as quoted for Middling (M) 1332-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) 1332-inch cotton, delivered C.I.F. Northern Europe (referred to in this section as the “Northern Europe price”).

(2) Further adjustment

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:

(A)

The United States share of world exports.

(B)

The current level of cotton export sales and cotton export shipments.

(C)

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).

(3) Limitation on further adjustment

The adjustment under paragraph (2) may not exceed the difference between—

(A)

the Friday through Thursday average price for the lowest-priced United States growth as quoted for Middling 1332-inch cotton delivered C.I.F. Northern Europe; and

(B)

the Northern Europe price.

(f) Repayment rates for confectionery and other kinds of sunflower seeds

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—

(1)

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

(2)

the repayment rate established for oil sunflower seed.

(g) Quality grades for dry peas, lentils, and small chickpeas

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.

(h) Good faith exception to beneficial interest requirement

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.)

history & why it existsrecord from the source credit
  • 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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