§5103. Participation of Federal agencies

7 U.S.C. § 5103

(a)

Duties of Secretary of Agriculture—

(1)

In general— The Secretary, with respect to each program or agency under the jurisdiction of the Secretary—

(A)

shall prescribe rules requiring each such program or agency to participate in good faith in any State mediation program certified under section 5101 of this title;

(B)

shall participate in mediation programs certified under section 5101 of this title; and

(C)

shall—

(i)

cooperate in good faith with requests for information or analysis of information made in the course of mediation under any mediation program certified under section 5101 of this title; and

(ii)

if applicable, present and explore debt restructuring proposals advanced in the course of such mediation.

(2)

Nonbinding on Secretary— The Secretary shall not be bound by any determination made in a program described in section 5101 of this title if the Secretary has not agreed to such determination.

(b)

Duties of Farm Credit Administration— The Farm Credit Administration shall prescribe rules requiring the institutions of the Farm Credit System—

(1)

to cooperate in good faith with requests for information or analysis of information made in the course of mediation under any mediation program described in section 5101 of this title; and

(2)

to present and explore debt restructuring proposals advanced in the course of such mediation.

Notes, amendments, and revision history

(Pub. L. 100–233, title V, § 503, Jan. 6, 1988, 101 Stat. 1663; Pub. L. 100–399, title V, § 502, Aug. 17, 1988, 102 Stat. 1005; Pub. L. 103–354, title II, § 282(b), Oct. 13, 1994, 108 Stat. 3234.)

Editorial Notes

Amendments

1994—Subsec. (a)(1). Pub. L. 103–354, § 282(b)(2), in introductory provisions inserted “or agency” after “each program” and struck out “that makes, guarantees, or insures agricultural loans” after “of the Secretary”.

Subsec. (a)(1)(A). Pub. L. 103–354, § 282(b)(1), (3), inserted “or agency” after “such program”, struck out “agricultural loan” after “any State”, and inserted “certified under section 5101 of this title” after “mediation program”.

Subsec. (a)(1)(B). Pub. L. 103–354, § 282(b)(1), (4), struck out “, effective beginning on January 6, 1988,” after “shall”, and “agricultural loan” after “participate in”, and inserted “certified under section 5101 of this title” after “mediation programs”.

Subsec. (a)(1)(C)(i). Pub. L. 103–354, § 282(b)(1), (5)(A), struck out “agricultural loan” before “mediation program” and substituted “certified under” for “described in”.

Subsec. (a)(1)(C)(ii). Pub. L. 103–354, § 282(b)(5)(B), inserted “if applicable,” before “present”.

Subsec. (b)(1). Pub. L. 103–354, § 282(b)(1), struck out “agricultural loan” before “mediation program”.

1988—Subsec. (a)(1)(B). Pub. L. 100–399, § 502(a), inserted “effective beginning” before “on”.

Subsec. (a)(2). Pub. L. 100–399, § 502(b), substituted “section 5101 of this title” for “paragraph (1)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of Title 12, Banks and Banking.