--- kind: "section" citation: "42 U.S.C. § 9812" title: "42" title_heading: "The Public Health and Welfare" number: "9812" heading: "Development loan fund" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/9812" units: - "Chapter 105 — Community Services Programs" - "Subchapter I — Community Economic Development" - "Part C — Development Loans to Community Economic Development Programs" --- # §9812. Development loan fund - (a) **Authorities, scope, and purposes; conditions; interest rate; repayment—** The [Secretary](/usc/42/242q–4.md?p=2) is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development [corporations](/usc/42/2297h.md?p=2), to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this subchapter, to private [nonprofit](/usc/42/300s–3.md?p=3) organizations receiving assistance under [chapter 106](/usc/42/chch106.md) of this title, or to public and private [nonprofit](/usc/42/300s–3.md?p=3) organizations or [agencies](/usc/42/8262.md?p=1), for business facilities and community development [projects](/usc/42/13641.md?p=2), including community development credit unions, which the [Secretary](/usc/42/242q–4.md?p=2) determines will carry out the purposes of this part. No loans, guarantees, or other financial assistance shall be provided under this section unless the [Secretary](/usc/42/242q–4.md?p=2) determines that— - (1) there is reasonable assurance of repayment of the loan; - (2) the loan is not otherwise available on reasonable terms from private sources or other Federal, [State](/usc/42/2021b.md?p=14), or local programs; and - (3) the amount of the loan, together with other funds available, is adequate to assure completion of the [project](/usc/42/13641.md?p=2) or achievement of the purposes for which the loan is made. Loans made by the [Secretary](/usc/42/242q–4.md?p=2) pursuant to this section shall bear interest at a rate not less than a rate determined by the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge, if any, toward covering other costs of the program as the [Secretary](/usc/42/242q–4.md?p=2) of Health and Human Services may determine to be consistent with its purposes, except that, for the 5 years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the [Secretary](/usc/42/242q–4.md?p=2) in light of the particular needs of the borrower, which rate shall not be lower than 1 percent. All such loans shall be repayable within a period of not more than 30 years. - (b) **Adjustment of interest rates, moratorium on principal and interest, etc.** The [Secretary](/usc/42/242q–4.md?p=2) is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by the [Secretary](/usc/42/242q–4.md?p=2), and to take such other actions in respect to such loans as the [Secretary](/usc/42/242q–4.md?p=2) shall determine to be necessary or appropriate, consistent with the purposes of this section. - (c) **Establishment, funding, etc.** - (1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended. - (2) The Rural Development Loan Fund shall consist of the remaining funds provided for in part A of title III of the Economic Opportunity Act of 1964 [[42 U.S.C. 2841](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s2841)) et seq.], as in effect on September 19, 1972, and such amounts as may be deposited in such fund by the [Secretary](/usc/42/242q–4.md?p=2) out of funds made available from appropriations for purposes of carrying out this part. The [Secretary](/usc/42/242q–4.md?p=2) shall utilize the services of the Farmers Home Administration,[^1] or the Rural Development Administration in administering such fund. - (3) The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the [Secretary](/usc/42/242q–4.md?p=2) out of funds made available from appropriations for purposes of carrying out this subchapter. The [Secretary](/usc/42/242q–4.md?p=2) may make deposits in the Community Development Loan Fund in any fiscal year in which the [Secretary](/usc/42/242q–4.md?p=2) has made available for grants to community development [corporations](/usc/42/2297h.md?p=2) under this subchapter not less than $60,000,000 out of funds made available from appropriations for purposes of carrying out this subchapter. ## Footnotes [^1]: So in original. The comma probably should not appear. ## Source credit (Pub. L. 97–35, title VI, § 623, Aug. 13, 1981, 95 Stat. 494; Pub. L. 101–624, title XXIII, § 2303(f)(1), Nov. 28, 1990, 104 Stat. 3981.) ## Notes ### Editorial Notes ### References in Text Chapter 106 of this title, referred to in subsec. (a), was in the original “subtitle B of this title”, meaning subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, known as the Community Services Block Grant Act, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. The Economic Opportunity Act of 1964, referred to in subsec. (c)(2), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Part A of title III of the Economic Opportunity Act of 1964 was classified generally to part A (§ 2841 et seq.) of subchapter III of chapter 34 of this title prior to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables. ### Amendments 1990—Subsec. (c)(2). Pub. L. 101–624 inserted “, or the Rural Development Administration” after “Farmers Home Administration”. ### Statutory Notes and Related Subsidiaries ### Transfer of Functions Functions relating to administration of Community Development Credit Union Revolving Loan Fund transferred from Secretary of Health and Human Services to National Credit Union Administration Board by Pub. L. 99–609, set out as a note under section 9822 of this title.