US Codex
Bill
Notes

Title II — Credit

S. 837 · 113th Congress · Apr 25, 2013 · Lineage

II Credit

A Farm ownership loans

201. Direct farm ownership experience requirement

Section 302(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)(1)) is amended in the matter preceding subparagraph (A) by inserting “or has other acceptable experience for a period of time, as determined by the Secretary,” after “3 years”.

202. Conservation loan and loan guarantee program

Section 304 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924) is amended—
(1)
in subsection (c)(2)—
(A)
by striking “shall meet” and inserting “shall—

“(A) meet”

(B)
in subparagraph (A) (as so designated), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(B) be the owner or operator of not larger than a family farm.”

(2)
in subsection (e)—
(A)
by striking “The portion” and inserting the following:

“(1) In general—Except as provided in paragraph (2), the portion”

(B)
by adding at the end the following:

“(2) Beginning and socially disadvantaged farmers and ranchers—In the case of beginning farmers or ranchers and socially disadvantaged farmers or ranchers, the portion of the loan the Secretary may guarantee under this section shall be 95 percent of the principal amount of the loan.”

(3)
by striking subsection (h) and inserting the following:

“(h) Funding

“(1) In general—The Secretary may make or guarantee loans under this section for not more than $250,000,000 for each of fiscal years 2013 through 2018, of which, for each fiscal year, not more than 1/2 shall be used for direct loans and not more than 1/2 shall be used for guaranteed loans.

“(2) Qualified beginning farmers and ranchers

“(A) Direct loans—Of the amount made available for direct loans for a fiscal year under paragraph (1), the Secretary shall reserve for qualified beginning farmers and ranchers until April 1 of the fiscal year not less than 50 percent of the amount.

“(B) Guaranteed loans—Of the amount made available for guaranteed loans for a fiscal year under paragraph (1), the Secretary shall reserve for qualified beginning farmers and ranchers until April 1 of the fiscal year not less than 50 percent of the amount.”

203. Indexing of direct farm ownership loans

Section 305(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925(a)) is amended by inserting “(increased, beginning with fiscal year 2014, by the inflation percentage, as determined by the Secretary, applicable to the fiscal year in which the loan is made)” after “$300,000”.

204. Joint financing arrangement

Section 307(a)(3)(D) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(3)(D)) is amended by striking “4” and inserting “1.5”.

205. Loan terms for down payment loan program

Section 310E(b)(1)(C) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by striking “$500,000” and inserting “$667,000”.

206. Limited resource loan rate

Section 316(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)(2)(B)) is amended by striking “5” and inserting “1.5”.

207. Definition of qualified beginning farmer or rancher

Section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking “median” and inserting “average”.

B Operating loans

211. Young beginning farmer or rancher microloans

(a)
In general— Section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941) is amended by adding at the end the following:

“(d) Microloans

“(1) In general—Subject to paragraph (2), the Secretary may establish a program to make or guarantee microloans.

“(2) Limitation—The Secretary shall not make or guarantee a microloan under this subsection that—

“(A) exceeds $35,000; or

“(B) would cause the total principal indebtedness outstanding at any time for microloans under this subsection to any one borrower to exceed $70,000.

“(3) Applications—To the maximum extent practicable, the Secretary shall limit the administrative burdens and streamline the application and approval process for microloans under this subsection.

“(4) Cooperative lending projects

“(A) In general—Subject to subparagraph (B), the Secretary may enter into a contract with one or more community-based and nongovernmental organizations, State entities, or other intermediaries, as the Secretary determines appropriate—

“(i) to make or guarantee a microloan under this subsection; and

“(ii) to provide business, financial, marketing, and credit management services to borrowers.

“(B) Requirements—Before entering into a contract with an entity described in subparagraph (A), the Secretary—

“(i) shall review and approve—

“(I) the loan loss reserve fund for microloans established by the entity; and

“(II) the underwriting standards for microloans of the entity; and

“(ii) establish such other requirements for contracting with the entity as the Secretary determines to be necessary.

“(C) Revolving fund—Under such conditions as the Secretary may require, an entity described in subparagraph (A) that enters into a contract with the Secretary under this paragraph may elect to convert the loan loss reserve fund for microloans established by the entity into a revolving loan fund to carry out the purposes of this paragraph.”

(b)
Exceptions for direct loans— Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended by striking paragraph (2) and inserting the following:

“(2) Exceptions—In this subsection, the term direct operating loan shall not include—

“(A) a loan made to a youth under subsection (b); or

“(B) a microloan made to a young beginning farmer or rancher or a military veteran farmer or rancher, as defined by the Secretary.”

(c)
Purposes of loans— Section 312(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1942(a)) is amended in the matter preceding paragraph (1) by inserting “(including a microloan, as defined by the Secretary)” after “A direct loan”.
(d)
Determination of interest rates— Section 316(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)(2)) is amended in the matter preceding subparagraph (A) by inserting “a microloan to a beginning farmer or rancher or military veteran farmer or rancher or” after “The interest rate on”.

C Administrative provisions

221. Beginning farmer and rancher individual development accounts pilot program

Section 333B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b) is amended by striking subsection (h) and inserting the following:

“(h) Funding—On October 1, 2013, and on each October 1 thereafter through October 1, 2017, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended.”

222. Transition to private commercial or other sources of credit

(a)
Conditions for direct loans— Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A), by striking the semicolon at the end and inserting “; and”;
(B)
in subparagraph (B), by striking “; or” at the end and inserting a period; and
(C)
by striking subparagraph (C); and
(2)
by striking paragraphs (3) and (4) and inserting the following:

“(3) Term limits—Subject to paragraph (4), if a farmer or rancher has received a direct operating loan pursuant to this section in each of 9 consecutive years, the farmer or rancher may not receive a direct operating loan from the Secretary under this section for the next year.

“(4) Waivers for farm and ranch operations on tribal land—The Secretary shall waive the limitation under paragraph (3) for a direct loan made under this subtitle to a farmer or rancher whose farm or ranch land is subject to the jurisdiction of an Indian tribe and whose loan is secured by one or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for the farm or ranch operations.”

(b)
Limitation on period borrowers are eligible for guaranteed assistance— Section 319 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1949) is amended by striking subsection (b) and inserting the following:

“(b) Limitation on period borrowers are eligible for guaranteed assistance—If a borrower has received a guaranteed loan under this subtitle in each of 15 consecutive years, the borrower may not receive a loan guaranteed by the Secretary for the next year.”

223. Direct loans for beginning farmers and ranchers

Section 346(b)(2)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(2)(A)) is amended—
(1)
in clause (i), by adding at the end the following:

“(III) Priority—In order to maximize the number of borrowers served under this clause, the Secretary—

“(aa) shall give priority to borrowers who apply under the down payment loan program under section 310E or joint financing arrangements under section 307(a)(3)(D); and

“(bb) may offer other financing options only if the Secretary determines that down payment or other participation loan options are not a viable approach for a particular borrower.”

(2)
in clause (ii)(III), by striking “each of fiscal years 2008 through 2012” and inserting “fiscal year 2008 and each fiscal year thereafter”.