Title 7 — Agriculture
Chapter 50 — Agricultural Credit
§ 2008s. Rural microentrepreneur assistance program
Statutory text
Definitions
In this section:
Indian tribe
The term “Indian tribe” has the meaning given the term in section 5304 of title 25.
Microentrepreneur
The term “microentrepreneur” means an owner and operator, or prospective owner and operator, of a rural microenterprise who is unable to obtain sufficient training, technical assistance, or credit other than under this section, as determined by the Secretary.
Microenterprise development organization
The term “microenterprise development organization” means an organization that—
is—
a nonprofit entity;
an Indian tribe, the tribal government of which certifies to the Secretary that—
no microenterprise development organization serves the Indian tribe; and
no rural microentrepreneur assistance program exists under the jurisdiction of the Indian tribe; or
a public institution of higher education;
provides training and technical assistance to rural microentrepreneurs;
facilitates access to capital or another service described in subsection (b) for rural microenterprises; and
has a demonstrated record of delivering services to rural microentrepreneurs, or an effective plan to develop a program to deliver services to rural microentrepreneurs, as determined by the Secretary.
Microloan
The term “microloan” means a business loan of not more than $50,000 that is provided to a rural microenterprise.
Program
The term “program” means the rural microentrepreneur assistance program established under subsection (b).
Rural microenterprise
The term “rural microenterprise” means—
a sole proprietorship located in a rural area; or
a business entity with not more than 10 full-time-equivalent employees located in a rural area.
Rural microentrepreneur assistance program
Establishment
The Secretary shall establish a rural microentrepreneur assistance program to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises.
Purpose
The purpose of the program is to provide microentrepreneurs with—
the skills necessary to establish new rural microenterprises; and
continuing technical and financial assistance related to the successful operation of rural microenterprises.
Loans
In general
The Secretary shall make loans to microenterprise development organizations for the purpose of providing fixed interest rate microloans to microentrepreneurs for startup and growing rural microenterprises.
Loan terms
A loan made by the Secretary to a microenterprise development organization under this paragraph shall—
be for a term not to exceed 20 years; and
bear an annual interest rate of at least 1 percent.
Loan loss reserve fund
The Secretary shall require each microenterprise development organization that receives a loan under this paragraph to—
establish a loan loss reserve fund; and
maintain the reserve fund in an amount equal to at least 5 percent of the outstanding balance of such loans owed by the microenterprise development organization, until all obligations owed to the Secretary under this paragraph are repaid.
Deferral of interest and principal
The Secretary may permit the deferral of payments on principal and interest due on a loan to a microenterprise development organization made under this paragraph for a 2-year period beginning on the date the loan is made.
Grants
Grants to support rural microenterprise development
In general
The Secretary shall make grants to microenterprise development organizations to—
provide training, operational support, business planning, and market development assistance, and other related services to rural microentrepreneurs; and
carry out such other projects and activities as the Secretary determines appropriate to further the purposes of the program.
Selection
In making grants under clause (i), the Secretary shall—
place an emphasis on microenterprise development organizations that serve microentrepreneurs that are located in rural areas that have suffered significant outward migration, as determined by the Secretary; and
ensure, to the maximum extent practicable, that grant recipients include microenterprise development organizations—
of varying sizes; and
that serve racially and ethnically diverse populations.
Grants to assist microentrepreneurs
In general
The Secretary shall make grants to microenterprise development organizations to provide marketing, management, and other technical assistance to microentrepreneurs that—
received a loan from the microenterprise development organization under paragraph (3); or
are seeking a loan from the microenterprise development organization under paragraph (3).
Amount of grant
A microenterprise development organization shall be eligible to receive an annual grant under this subparagraph in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of microloans made by the microenterprise development organization under paragraph (3), as of the date the grant is awarded, subject to—
satisfactory performance by the microenterprise development organization under this section, and
the availability of funding.
Administrative expenses
Not more than 10 percent of a grant received by a microenterprise development organization for a fiscal year under this paragraph may be used to pay administrative expenses.
Administration
Cost share
Federal share
Subject to subparagraph (B), the Federal share of the cost of a project funded under this section shall not exceed 75 percent.
Matching requirement
As a condition of any grant made under this subparagraph, the Secretary shall require the microenterprise development organization to match not less than 15 percent of the total amount of the grant in the form of matching funds, indirect costs, or in-kind goods or services.
Form of non-Federal share
The non-Federal share of the cost of a project funded under this section may be provided—
in cash (including through fees, grants (including community development block grants), and gifts); or
in the form of in-kind contributions.
Oversight
At a minimum, not later than December 1 of each fiscal year, a microenterprise development organization that receives a loan or grant under this section shall provide to the Secretary such information as the Secretary may require to ensure that assistance provided under this section is used for the purposes for which the loan or grant was made.
Authorization of appropriations
There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.
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 § 379E · 75 Stat. 294
Enacted · 7 U.S.C. § 2008s
Pub. L. 87–128, title III, § 379E, as added Pub. L. 110–234, title VI, § 6022, May 22, 2008, 122 Stat. 1173, and Pub. L. 110–246, § 4(a), title VI, § 6022, June 18, 2008, 122 Stat. 1664, 1934
Source evidence
Code source credit
Pub. L. 87–128, title III, § 379E, as added Pub. L. 110–234, title VI, § 6022, May 22, 2008, 122 Stat. 1173, and Pub. L. 110–246, § 4(a), title VI, § 6022, June 18, 2008, 122 Stat. 1664, 1934Agricultural Act of 2014
Pub. L. 113–79 § 6023(1) · 128 Stat. 649
Added · 7 U.S.C. § 2008s(d)(1)(C)
Pub. L. 113–79, § 6023(1), added subpar. (C)
Source evidence
Code amendment note
Subsec. (d)(1)(C). Pub. L. 113–79, § 6023(1), added subpar. (C).Enacted provision · exact public law section
(1) in paragraph (1)— (A) in subparagraph (A), by striking “and” after the semicolon at the end; (B) in subparagraph (B), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(C) $3,000,000 for each of fiscal years 2014 through 2018.” ; andAgricultural Act of 2014
Pub. L. 113–79 § 6023(2) · 128 Stat. 649
Substituted · 7 U.S.C. § 2008s(d)(2)
Pub. L. 113–79, § 6023(2), substituted “2018” for “2012”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 113–79, § 6023(2), substituted “2018” for “2012”.Enacted provision · exact public law section
(2) in paragraph (2), by striking “2012” and inserting “2018”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 6422(1) · 132 Stat. 4490
Substituted · 7 U.S.C. § 2008s(b)(4)(B)(ii)
Pub. L. 115–334, § 6422(1), substituted “Amount” for “Maximum amount” in heading and, in text
Inserted · 7 U.S.C. § 2008s(b)(4)(B)(ii)
Pub. L. 115–334, § 6422(1), inserted “not less than 20 percent and” before “not more than 25 percent”
Substituted · 7 U.S.C. § 2008s(b)(4)(B)(ii)
Pub. L. 115–334, § 6422(1), substituted “, subject to—” for period at end
Added · 7 U.S.C. § 2008s(b)(4)(B)(ii)
Pub. L. 115–334, § 6422(1), added subcls. (I) and (II)
Source evidence
Code amendment note
Subsec. (b)(4)(B)(ii). Pub. L. 115–334, § 6422(1), substituted “Amount” for “Maximum amount” in heading and, in text, inserted “not less than 20 percent and” before “not more than 25 percent”, substituted “, subject to—” for period at end, and added subcls. (I) and (II).Enacted provision · exact public law section
(1) in subsection (b)(4)(B)(ii)— (A) in the clause heading, by striking “Maximum amount” and inserting “Amount”; (B) by inserting “not less than 20 percent and” before “not more than 25 percent”; and (C) by striking the period at the end and inserting the following: “, subject to— “(I) satisfactory performance by the microenterprise development organization under this section, and “(II) the availability of funding.” ; andAgriculture Improvement Act of 2018
Pub. L. 115–334 § 6422(2) · 132 Stat. 4490
Added · 7 U.S.C. § 2008s(d)
Pub. L. 115–334, § 6422(2), added subsec. (d)
Struck · 7 U.S.C. § 2008s(d)
Pub. L. 115–334, § 6422(2), struck out former subsec. (d) which related to funding for fiscal years 2009 through 2018
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–334, § 6422(2), added subsec. (d) and struck out former subsec. (d) which related to funding for fiscal years 2009 through 2018.Enacted provision · exact public law section
(2) by striking subsection (d) and inserting the following: “(d) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2019 through 2023.” .
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments2014–2018 · 2 rounds
2018
Subsec. (b)(4)(B)(ii). Pub. L. 115–334, § 6422(1), substituted “Amount” for “Maximum amount” in heading and, in text, inserted “not less than 20 percent and” before “not more than 25 percent”, substituted “, subject to—” for period at end, and added subcls. (I) and (II).
Subsec. (d). Pub. L. 115–334, § 6422(2), added subsec. (d) and struck out former subsec. (d) which related to funding for fiscal years 2009 through 2018.
2014
Subsec. (d)(1)(C). Pub. L. 113–79, § 6023(1), added subpar. (C).
Subsec. (d)(2). Pub. L. 113–79, § 6023(2), substituted “2018” for “2012”.
Statutory Notes and Related Subsidiaries
Effective Date
Enactment 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 a note under section 8701 of this title.
Credits
2008–2018 · 3 acts
- 2008Pub. L. 87–128, title III, § 379E, as added Pub. L. 110–234, title VI, § 6022, , 122 Stat. 1173, and Pub. L. 110–246, § 4(a), title VI, § 6022, , 122 Stat. 1664, 1934
- 2014amended Pub. L. 113–79, title VI, § 6023, , 128 Stat. 848
- 2018Pub. L. 115–334, title VI, § 6422, , 132 Stat. 4765.
Show as published
(Pub. L. 87–128, title III, § 379E, as added Pub. L. 110–234, title VI, § 6022, , 122 Stat. 1173, and Pub. L. 110–246, § 4(a), title VI, § 6022, , 122 Stat. 1664, 1934; amended Pub. L. 113–79, title VI, § 6023, , 128 Stat. 848; Pub. L. 115–334, title VI, § 6422, , 132 Stat. 4765.)