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Title 7 — Agriculture

Chapter 50 — Agricultural Credit

§ 1943. Limitations on amount of operating loans

Statutory text

(a)

In general

The Secretary shall make or insure no loan under this subchapter—

(1)

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

(2)

for the purchasing or leasing of land other than for cash rent, or for carrying on any land leasing or land purchasing program.

(b)

Inflation percentage

For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which—

(1)

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

(2)

the average of such index (as so defined) for the 12-month period that immediately precedes the 12-month period described in paragraph (1).

(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 subsection 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 2023 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.

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.

  1. 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. 310

    Enacted 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.

  2. 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).

  3. 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”.

  4. 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.”.

  5. 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”.

  6. Pub. L. 105–277 div. A § 101(a)(tVIII)(s806)(b) · 112 Stat. 2681

    1. Inserted · 7 U.S.C. § 1943

      Pub. L. 105–277 inserted section catchline

    2. Amended · 7 U.S.C. § 1943

      Pub. L. 105–277 designated existing provisions as subsec. (a)

    3. Inserted · 7 U.S.C. § 1943

      Pub. L. 105–277 inserted heading

    4. Substituted · 7 U.S.C. § 1943

      Pub. L. 105–277 substituted “this subchapter—” for “this subchapter”, in introductory provisions, realigned margin of par. (1)

    5. 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)

    6. 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.

  7. 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.

  8. 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.” .

  9. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 5201(1) · 132 Stat. 4490

    1. Substituted · 7 U.S.C. § 1943(a)(1)

      Pub. L. 115–334, § 5201(1), substituted “$400,000” for “$300,000”

    2. Substituted · 7 U.S.C. § 1943(a)(1)

      Pub. L. 115–334, § 5201(1), substituted “$1,750,000” for “$700,000”

    3. 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”; and

  10. Agriculture 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”; and

  11. Agriculture 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)”.

  12. 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”.

  13. 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
  1. 1961Pub. L. 87–128, title III, § 313, , 75 Stat. 310
  2. 1968Pub. L. 90–488, § 9, , 82 Stat. 771
  3. 1972Pub. L. 92–419, title I, § 122, , 86 Stat. 665
  4. 1978Pub. L. 95–334, title I, § 116, , 92 Stat. 426
  5. 1984Pub. L. 98–258, title VI, § 604(a), , 98 Stat. 139
  6. 1998Pub. L. 105–277, div. A, § 101(a) [title VIII, § 806(b)], , 112 Stat. 2681, 2681–39
  7. 2008Pub. L. 110–234, title V, § 5102, , 122 Stat. 1146
  8. 2008Pub. L. 110–246, § 4(a), title V, § 5102, , 122 Stat. 1664, 1908
  9. 2014Pub. L. 113–79, title V, § 5106(a), , 128 Stat. 837
  10. 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.)

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