Title 7 — Agriculture
Chapter 50 — Agricultural Credit
§ 1943. Limitations on amount of operating loans
Statutory text
In general
The Secretary shall make or insure no loan under this subchapter—
that would cause the total principal indebtedness outstanding at any one time for loans made under this subchapter to any one borrower to exceed, in the case of a loan other than a loan guaranteed by the Secretary, $400,000, or, in the case of a loan guaranteed by the Secretary, $1,750,000 (increased, beginning with fiscal year 2019, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the unpaid indebtedness of the borrower on loans under the sections specified in section 1925 of this title that are guaranteed by the Secretary); or
for the purchasing or leasing of land other than for cash rent, or for carrying on any land leasing or land purchasing program.
Inflation percentage
For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which—
the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department of Agriculture) for the 12-month period ending on July 31 of the immediately preceding fiscal year; exceeds
the average of such index (as so defined) for the 12-month period that immediately precedes the 12-month period described in paragraph (1).
Microloans
In general
Subject to paragraph (2), the Secretary may establish a program to make or guarantee microloans.
Limitations
The Secretary shall not make or guarantee a microloan under this subsection that would cause the total principal indebtedness outstanding at any 1 time for microloans made under this subsection to any 1 borrower to exceed $50,000.
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.
Cooperative lending pilot projects
In general
Subject to subparagraph (B), during each of the 2014 through 2023 fiscal years, the Secretary may carry out a pilot project to make loans to community development financial institutions, as the Secretary determines appropriate—
to make or guarantee microloans consistent with the terms provided under this subsection; and
to provide business, financial, marketing, and credit management services to microloan borrowers.
Requirements
Prior to making a loan to an institution described in subparagraph (A), the Secretary shall—
review and approve—
the loan loss reserve fund for microloans established by the institution; and
the underwriting standards for microloans of the institution; and
establish such other requirements for making a loan to the institution as the Secretary determines necessary.
Eligibility
To be eligible for a loan under subparagraph (A), an institution described in subparagraph (A) shall, as determined by the Secretary—
have the legal authority necessary to carry out the actions described in subparagraph (A);
have a proven track record of successfully assisting agricultural borrowers; and
have the services of a staff with appropriate loan making and servicing expertise.
Oversight
Not less often than annually, on a date determined by the Secretary, an institution that has a loan under this paragraph shall provide to the Secretary such information as the Secretary may require to ensure that the services provided by the institution are serving the purposes of this subsection.
Limitation
The Secretary shall not make more than $10,000,000 in loans under this paragraph in any fiscal year.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Agricultural Act of 1961
Pub. L. 87–128 title III § 313 · 75 Stat. 294
Enacted · 7 U.S.C. § 1943
Pub. L. 87–128, title III, § 313, Aug. 8, 1961, 75 Stat. 310
Source evidence
Code source credit
Pub. L. 87–128, title III, § 313, Aug. 8, 1961, 75 Stat. 310Enacted provision · exact public law section
Sec. 313. The Secretary shall make no loan under this subtitle (1) which would cause the total principal indebtedness outstanding at any one time for loans made under this subtitle and under section 70 Stat. 802. 7 USC 1007. 21 of the Bankhead-Jones Farm Tenant Act, as amended, to exceed $35,000: Provided, however, That not more than 25 per centum of the sums made available for loans under this subtitle may be used for loans which would cause such indebtedness of any borrower under said Acts to exceed $15,000, (2) for the purchasing or leasing of land other than for cash rent, or for carrying on any land leasing or land purchasing program, or (3) in excess of an amount certified by the county committee.Pub. L. 90–488 § 9 · 82 Stat. 770
Struck · 7 U.S.C. § 1943
Pub. L. 90–488 struck out from item (1) the proviso which limited the amount to be used for loans which would cause the indebtedness of any borrower to exceed $15,000 to 25 per centum of the sums made available for loans
Source evidence
Code amendment note
Pub. L. 90–488 struck out from item (1) the proviso which limited the amount to be used for loans which would cause the indebtedness of any borrower to exceed $15,000 to 25 per centum of the sums made available for loans.Enacted provision · exact public law section
Sec. 9. Section 313 is amended by changing the colon after “$35,000” 7 USC 1943. to a comma, and by striking the proviso in item (1).Rural Development Act of 1972
Pub. L. 92–419 title I § 122 · 86 Stat. 657
Substituted · 7 U.S.C. § 1943
Pub. L. 92–419 substituted “$50,000” for “$35,000”
Source evidence
Code amendment note
Pub. L. 92–419 substituted “$50,000” for “$35,000”.Enacted provision · exact public law section
Sec. 122. Maximum Size.— Section 313 of the Consolidated Farmers Home Administration Act of 1961 is amended by changing “$35,000” 75 Stat. 310. 7 USC 1943. to “$50,000”.Agricultural Credit Act of 1978
Pub. L. 95–334 title I § 116 · 92 Stat. 420
Substituted · 7 U.S.C. § 1943
Pub. L. 95–334 substituted provisions setting forth criteria for Secretary to make or insure loans under this subchapter for provisions setting forth criteria for Secretary to make loans under this subchapter
Source evidence
Code amendment note
Pub. L. 95–334 substituted provisions setting forth criteria for Secretary to make or insure loans under this subchapter for provisions setting forth criteria for Secretary to make loans under this subchapter.Enacted provision · exact public law section
Sec. 116. limitations on farm operating loans Section 313 of the Consolidated Farm and Rural Development Act is amended to read as follows: 7 USC 1943. “Sec. 313. The Secretary shall make or insure no loan under this subtitle (1) that would cause the total principal indebtedness outstanding at any one time for loans made under this subtitle to any one borrower to exceed, in the case of a loan other than a loan guaranteed by the Secretary, $100,000, or, in the case of a loan guaranteed by the Secretary, $200,000; or (2) for the purchasing or leasing of land other than for cash rent, or for carrying on any land leasing or land purchasing program.”.Emergency Agricultural Credit Act of 1984
Pub. L. 98–258 title VI § 604(a) · 98 Stat. 130
Substituted · 7 U.S.C. § 1943
Pub. L. 98–258 substituted “$200,000” and “$400,000” for “$100,000” and “$200,000”, respectively
Source evidence
Code amendment note
Pub. L. 98–258 substituted “$200,000” and “$400,000” for “$100,000” and “$200,000”, respectively.Enacted provision · exact public law section
(a) Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended by striking out “$100,000, or, in the case of a loan guaranteed by the Secretary, $200,000” and inserting in lieu thereof “$200,000, or, in the case of a loan guaranteed by the Secretary, $400,000”.Pub. L. 105–277 div. A § 101(a)(tVIII)(s806)(b) · 112 Stat. 2681
Inserted · 7 U.S.C. § 1943
Pub. L. 105–277 inserted section catchline
Amended · 7 U.S.C. § 1943
Pub. L. 105–277 designated existing provisions as subsec. (a)
Inserted · 7 U.S.C. § 1943
Pub. L. 105–277 inserted heading
Substituted · 7 U.S.C. § 1943
Pub. L. 105–277 substituted “this subchapter—” for “this subchapter”, in introductory provisions, realigned margin of par. (1)
Substituted · 7 U.S.C. § 1943
Pub. L. 105–277 substituted “$700,000 (increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the unpaid indebtedness of the borrower on loans under the sections specified in section 1925 of this title that are guaranteed by the Secretary); or” for “$400,000; or”, realigned margin of par. (2)
Added · 7 U.S.C. § 1943
Pub. L. 105–277 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 105–277 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “this subchapter—” for “this subchapter”, in introductory provisions, realigned margin of par. (1) and substituted “$700,000 (increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the unpaid indebtedness of the borrower on loans under the sections specified in section 1925 of this title that are guaranteed by the Secretary); or” for “$400,000; or”, realigned margin of par. (2), and added subsec. (b).Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 5102 · 122 Stat. 1651
Substituted · 7 U.S.C. § 1943(a)(1)
Pub. L. 110–246, § 5102, substituted “$300,000” for “$200,000”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–246, § 5102, substituted “$300,000” for “$200,000”.Enacted provision · exact public law section
SEC. 5102. LIMITATIONS ON AMOUNT OF OPERATING LOANS. Section 313(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(a)(1)) is amended by striking “$200,000” and inserting “$300,000”.Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.Agricultural Act of 2014
Pub. L. 113–79 title V § 5106(a) · 128 Stat. 649
Added · 7 U.S.C. § 1943(c)
Pub. L. 113–79 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–79 added subsec. (c).Enacted provision · exact public law section
(a) In General.— Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended by adding at the end the following: “(c) Microloans.— “(1) In general.— Subject to paragraph (2), the Secretary may establish a program to make or guarantee microloans. “(2) Limitations.— The Secretary shall not make or guarantee a microloan under this subsection that would cause the total principal indebtedness outstanding at any 1 time for microloans made under this title to any 1 borrower to exceed $50,000. “(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 pilot projects.— “(A) In general.— Subject to subparagraph (B), during each of the 2014 through 2018 fiscal years, the Secretary may carry out a pilot project to make loans to community development financial institutions, as the Secretary determines appropriate— “(i) to make or guarantee microloans consistent with the terms provided under this subsection; and “(ii) to provide business, financial, marketing, and credit management services to microloan borrowers. “(B) Requirements.— Prior to making a loan to an institution described in subparagraph (A), the Secretary shall— “(i) review and approve— “(I) the loan loss reserve fund for microloans established by the institution; and “(II) the underwriting standards for microloans of the institution; and “(ii) establish such other requirements for making a loan to the institution as the Secretary determines necessary. “(C) Eligibility.— To be eligible for a loan under subparagraph (A), an institution described in subparagraph (A) shall, as determined by the Secretary— “(i) have the legal authority necessary to carry out the actions described in subparagraph (A); “(ii) have a proven track record of successfully assisting agricultural borrowers; and “(iii) have the services of a staff with appropriate loan making and servicing expertise. “(D) Oversight.— Not less often than annually, on a date determined by the Secretary, an institution that has a loan under this paragraph shall provide to the Secretary such information as the Secretary may require to ensure that the services provided by the institution are serving the purposes of this subsection. “(E) Limitation.— The Secretary shall not make more than $10,000,000 in loans under this paragraph in any fiscal year.” .Agriculture Improvement Act of 2018
Pub. L. 115–334 § 5201(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 1943(a)(1)
Pub. L. 115–334, § 5201(1), substituted “$400,000” for “$300,000”
Substituted · 7 U.S.C. § 1943(a)(1)
Pub. L. 115–334, § 5201(1), substituted “$1,750,000” for “$700,000”
Substituted · 7 U.S.C. § 1943(a)(1)
Pub. L. 115–334, § 5201(1), substituted “2019” for “2000”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–334, § 5201(1), substituted “$400,000” for “$300,000”, “$1,750,000” for “$700,000”, and “2019” for “2000”.Enacted provision · exact public law section
(1) in subsection (a)(1)— (A) by striking “$300,000” and inserting “$400,000”; (B) by striking “$700,000” and inserting “$1,750,000”; and (C) by striking “2000” and inserting “2019”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 5201(2)(A) · 132 Stat. 4490
Substituted · 7 U.S.C. § 1943(b)(1)
Pub. L. 115–334, § 5201(2)(A), substituted “July” for “August”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–334, § 5201(2)(A), substituted “July” for “August”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “August” and inserting “July”; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 5201(2)(B) · 132 Stat. 4490
Substituted · 7 U.S.C. § 1943(b)(2)
Pub. L. 115–334, § 5201(2)(B), substituted “that immediately precedes the 12-month period described in paragraph (1)” for “ending on August 31, 1996”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 115–334, § 5201(2)(B), substituted “that immediately precedes the 12-month period described in paragraph (1)” for “ending on August 31, 1996”.Enacted provision · exact public law section
(B) in paragraph (2), by striking “ending on August 31, 1996” and inserting “that immediately precedes the 12-month period described in paragraph (1)”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 5202 · 132 Stat. 4490
Substituted · 7 U.S.C. § 1943(c)(2)
Pub. L. 115–334, § 5202, substituted “subsection to any 1 borrower” for “chapter to any 1 borrower”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 115–334, § 5202, substituted “subsection to any 1 borrower” for “chapter to any 1 borrower”.Enacted provision · exact public law section
SEC. 5202. MICROLOANS. Section 313(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(2)) is amended by striking “title” and inserting “subsection”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 5203 · 132 Stat. 4490
Substituted · 7 U.S.C. § 1943(c)(4)(A)
Pub. L. 115–334, § 5203, substituted “2023” for “2018” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 115–334, § 5203, substituted “2023” for “2018” in introductory provisions.Enacted provision · exact public law section
SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS. Section 313(c)(4)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking “2018” and inserting “2023”.
20 of 20 references resolved to an enrolled provision
Editorial Notes
Codification
The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on , to continue, and authorities to be carried out, until the later of ; the date specified in the provision of Pub. L. 115–234 or amendments made by that Act or by any other provisions of law enacted thereafter, including Pub. L. 118–234 and Pub. L. 119–21; or the date in effect pursuant to section 4101 of Pub. L. 118–158, see section 5002(a) of Pub. L. 119–37, set out in an Extension of Agricultural Programs note under section 9001 of this title.
The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on , to continue, and authorities to be carried out, until the later of ; the date specified in the provision of, or amendment made by, Pub. L. 115–334; or the date in effect pursuant to section 102 of Pub. L. 118–22, see section 4101(a) of Pub. L. 118–158, set out in an Extension of Agricultural Programs note under section 9001 of this title.
The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on , to continue, and authorities to be carried out, until the later of , or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments1968–2018 · 8 rounds
2018
Subsec. (a)(1). Pub. L. 115–334, § 5201(1), substituted “$400,000” for “$300,000”, “$1,750,000” for “$700,000”, and “2019” for “2000”.
Subsec. (b)(1). Pub. L. 115–334, § 5201(2)(A), substituted “July” for “August”.
Subsec. (b)(2). Pub. L. 115–334, § 5201(2)(B), substituted “that immediately precedes the 12-month period described in paragraph (1)” for “ending on ”.
Subsec. (c)(2). Pub. L. 115–334, § 5202, substituted “subsection to any 1 borrower” for “chapter to any 1 borrower”.
Subsec. (c)(4)(A). Pub. L. 115–334, § 5203, substituted “2023” for “2018” in introductory provisions.
2014
Subsec. (c). Pub. L. 113–79 added subsec. (c).
2008
Subsec. (a)(1). Pub. L. 110–246, § 5102, substituted “$300,000” for “$200,000”.
1998
Pub. L. 105–277 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “this subchapter—” for “this subchapter”, in introductory provisions, realigned margin of par. (1) and substituted “$700,000 (increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed and reduced by the unpaid indebtedness of the borrower on loans under the sections specified in section 1925 of this title that are guaranteed by the Secretary); or” for “$400,000; or”, realigned margin of par. (2), and added subsec. (b).
1984
Pub. L. 98–258 substituted “$200,000” and “$400,000” for “$100,000” and “$200,000”, respectively.
1978
Pub. L. 95–334 substituted provisions setting forth criteria for Secretary to make or insure loans under this subchapter for provisions setting forth criteria for Secretary to make loans under this subchapter.
1972
Pub. L. 92–419 substituted “$50,000” for “$35,000”.
1968
Pub. L. 90–488 struck out from item (1) the proviso which limited the amount to be used for loans which would cause the indebtedness of any borrower to exceed $15,000 to 25 per centum of the sums made available for loans.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Credits
1961–2018 · 10 acts
- 1961Pub. L. 87–128, title III, § 313, , 75 Stat. 310
- 1968Pub. L. 90–488, § 9, , 82 Stat. 771
- 1972Pub. L. 92–419, title I, § 122, , 86 Stat. 665
- 1978Pub. L. 95–334, title I, § 116, , 92 Stat. 426
- 1984Pub. L. 98–258, title VI, § 604(a), , 98 Stat. 139
- 1998Pub. L. 105–277, div. A, § 101(a) [title VIII, § 806(b)], , 112 Stat. 2681, 2681–39
- 2008Pub. L. 110–234, title V, § 5102, , 122 Stat. 1146
- 2008Pub. L. 110–246, § 4(a), title V, § 5102, , 122 Stat. 1664, 1908
- 2014Pub. L. 113–79, title V, § 5106(a), , 128 Stat. 837
- 2018Pub. L. 115–334, title V, §§ 5201–5203, , 132 Stat. 4671.
Show as published
(Pub. L. 87–128, title III, § 313, , 75 Stat. 310; Pub. L. 90–488, § 9, , 82 Stat. 771; Pub. L. 92–419, title I, § 122, , 86 Stat. 665; Pub. L. 95–334, title I, § 116, , 92 Stat. 426; Pub. L. 98–258, title VI, § 604(a), , 98 Stat. 139; Pub. L. 105–277, div. A, § 101(a) [title VIII, § 806(b)], , 112 Stat. 2681, 2681–39; Pub. L. 110–234, title V, § 5102, , 122 Stat. 1146; Pub. L. 110–246, § 4(a), title V, § 5102, , 122 Stat. 1664, 1908; Pub. L. 113–79, title V, § 5106(a), , 128 Stat. 837; Pub. L. 115–334, title V, §§ 5201–5203, , 132 Stat. 4671.)