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7 U.S.C. § 1929b — Purchase of guaranteed portions of

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1929b — Purchase of guaranteed portions of

Page 1089 TITLE 7—AGRICULTURE § 1932 ‘‘(A) AUTHORITY.—The Secretary of Agriculture shall determine, in accordance with subparagraph (B), the price at which a note or other obligation shall be offered for sale under this subsection. ‘‘(B) PRICE.—Such price shall be determined by discounting the payment stream of such note or other obligation at the yield on the then most re- cent sale of the portfolio, adjusted for changes in market interest rates, servicing and sales expenses, and the maturity and interest rate of such note. ‘‘(3) PROHIBITIONS.— ‘‘(A) PURCHASE OF OBLIGATION NOT TIED TO PUR- CHASE OF OTHER OBLIGATIONS.—The Secretary of Ag- riculture shall not require the issuer of any unsold note or other obligation to be offered for sale under this subsection to purchase any other such note or other obligation as a condition of the sale of any such note or other obligation to the issuer. ‘‘(B) OFFER TO BE MADE WITHOUT REGARD TO FI- NANCING.—The Secretary shall offer notes or other obligations for sale to the issuers thereof under this subsection without regard to the manner in which such issuers intend to finance the purchase of such notes or other obligations. However, the price of sale to any issuer using tax exempt financing shall be determined using a yield reflective of the Sched- ule of Certified Interest Rates as published monthly by the Secretary of the Treasury. ‘‘(g) APPLICABILITY OF PROHIBITION ON CURTAILMENT OR LIMITATION OF SERVICE.—Section 306(b) of the Con- solidated Farm and Rural Development Act (7 U.S.C. 1926(b)) shall be applicable to all notes or other obliga- tions sold or intended to be sold under this section. ‘‘(h)(1) Notwithstanding the provisions of section 633 of the Rural Development, Agriculture, and Related Agenci

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Page 1089 TITLE 7—AGRICULTURE § 1932 ‘‘(A) AUTHORITY.—The Secretary of Agriculture shall determine, in accordance with subparagraph (B), the price at which a note or other obligation shall be offered for sale under this subsection. ‘‘(B) PRICE.—Such price shall be determined by discounting the payment stream of such note or other obligation at the yield on the then most re- cent sale of the portfolio, adjusted for changes in market interest rates, servicing and sales expenses, and the maturity and interest rate of such note. ‘‘(3) PROHIBITIONS.— ‘‘(A) PURCHASE OF OBLIGATION NOT TIED TO PUR- CHASE OF OTHER OBLIGATIONS.—The Secretary of Ag- riculture shall not require the issuer of any unsold note or other obligation to be offered for sale under this subsection to purchase any other such note or other obligation as a condition of the sale of any such note or other obligation to the issuer. ‘‘(B) OFFER TO BE MADE WITHOUT REGARD TO FI- NANCING.—The Secretary shall offer notes or other obligations for sale to the issuers thereof under this subsection without regard to the manner in which such issuers intend to finance the purchase of such notes or other obligations. However, the price of sale to any issuer using tax exempt financing shall be determined using a yield reflective of the Sched- ule of Certified Interest Rates as published monthly by the Secretary of the Treasury. ‘‘(g) APPLICABILITY OF PROHIBITION ON CURTAILMENT OR LIMITATION OF SERVICE.—Section 306(b) of the Con- solidated Farm and Rural Development Act (7 U.S.C. 1926(b)) shall be applicable to all notes or other obliga- tions sold or intended to be sold under this section. ‘‘(h)(1) Notwithstanding the provisions of section 633 of the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1989 (Public Law 100–460) [title VI, Oct. 1, 1988, 102 Stat. 2263], the Secretary of Agriculture shall offer to the issuer of any unsold note or other obligation described in paragraph (2)(A) for which such issuer made the good faith deposit described in paragraph (2)(A) the opportunity to purchase such note or other obligation consistent with the provisions of this subsection and subsections (f)(2) and (f)(3). ‘‘(2) The provisions of this subsection shall apply only to those issuers who: ‘‘(A) on or before March 9, 1989, made a good faith deposit under this section for fiscal year 1989 with the Secretary to purchase a note or other obligation held in the Rural Development Insurance Fund; and ‘‘(B) otherwise meet all eligibility criteria, as such criteria existed immediately prior to May 9, 1989, at the time the purchase occurs under this subsection. ‘‘(3) The opportunity to purchase any such note or other obligation shall be held open, under the policies and procedures in effect under subsections (f)(2) and (f)(3) immediately prior to May 9, 1989, for 150 days after the date of enactment of this subsection [Dec. 12, 1989]. The Secretary shall not require any further good faith deposit from issuers who qualify under this sub- section. The Secretary shall notify eligible issuers of the opportunity afforded under this subsection within 30 days after the date of enactment of this subsection and may require such issuers to express an intention to purchase their note or other obligation by a date cer- tain.’’ Pub. L. 99–500, title III, § 381, Oct. 18, 1986, 100 Stat. 1783–369, and Pub. L. 99–591, title III, § 381, Oct. 30, 1986, 100 Stat. 3341–372, provided that: ‘‘(a) IN GENERAL.—The Secretary of Agriculture shall, under such terms as the Secretary may prescribe, sell notes and other obligations held in the Rural Develop- ment Insurance Fund established under section 309A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929a) in such amounts as to realize net proceeds of not less than— ‘‘(1) $25,000,000 from such sales during fiscal year 1987; ‘‘(2) $36,000,000 from such sales during fiscal year 1988; and ‘‘(3) $37,000,000 from such sales during fiscal year 1989. ‘‘(b) [Amended subsec. (e) of this section] ‘‘(c) FARM CREDIT SYSTEM INSTITUTIONS.—Notwith- standing any other provision of law, institutions of the Farm Credit System operating under the Farm Credit Act of 1971 (12 U.S.C. 2001) shall be eligible to purchase notes and other obligations held in the Rural Develop- ment Insurance Fund and to service (including the ex- tension of additional credit and all other actions nec- essary to preserve, conserve, or protect the institu- tions’ interests in such notes and other obligations), collect, and dispose of such notes and other obligations, subject only to such terms and conditions as may be agreed to by the Secretary of Agriculture and such pur- chasing institutions and as are approved by the Farm Credit Administration.’’ § 1929b. Purchase of guaranteed portions of loans; terms and conditions; exercise of au- thorities The Secretary may purchase, on such terms and conditions as the Secretary deems appro- priate, the guaranteed portion of any loan guar- anteed under this chapter: Provided, That the Secretary may not pay for any such guaranteed portion of a loan in excess of an amount equal to the unpaid principal balance and accrued inter- est on the guaranteed portion of the loan. The Secretary may use for such purchases funds from the Rural Development Insurance Fund with respect to rural development loans as de- fined in section 1929a(a) of this title and funds from the Agricultural Credit Insurance Fund with respect to all other loans under this chap- ter. This authority may be exercised only if the Secretary determines that an adequate sec- ondary market is not available in the private sector. (Pub. L. 87–128, title III, § 309B, as added Pub. L. 95–334, title I, § 111, Aug. 4, 1978, 92 Stat. 424.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 1921 of this title and Tables. § 1930. Continued availability of appropriated funds for direct real estate loans to farmers and ranchers Funds appropriated for the purpose of making direct real estate loans to farmers and ranchers under this subchapter shall remain available until expended. (Pub. L. 87–128, title III, § 310, as added Pub. L. 91–524, title VIII, § 806(b), Nov. 30, 1970, 84 Stat. 1383.) § 1931. Repealed. Pub. L. 104–127, title VII, § 746, Apr. 4, 1996, 110 Stat. 1125 Section, Pub. L. 87–128, title III, § 310A, as added Pub. L. 92–419, title I, § 117, Aug. 30, 1972, 86 Stat. 663, related to insured watershed and resource conservation and de- velopment loans. § 1932. Assistance for rural entities (a) Loans to private business enterprises (1) Definitions In this subsection:

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2001 — Repealed. Pub. L. 115–334, title V, § 5411(51), Dec. 20, 2018, 132 Stat. 4685

### Statutory Notes Section, Pub. L. 92–181, title VIII, § 8.38, as added Pub. L. 104–105, title I, § 117, Feb. 10, 1996, 110 Stat. 168, related to recapitalization of Corporation.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 2001 — Congressional declaration of policy and

Page 1282 TITLE 12—BANKS AND BANKING § 2001 Sec. PART E—FARM CREDIT SYSTEM INSURANCE CORPORATION 2277a. Definitions. 2277a–1. Establishment of Farm Credit System Insurance Corporation. 2277a–2. Board of Directors. 2277a–3. Commencement of insurance. 2277a–4. Premiums. 2277a–5. Certification of premiums. 2277a–6. Overpayment and underpayment of pre- miums; remedies. 2277a–7. General corporate powers. 2277a–8. Conduct of corporate affairs; examina- tion of System institutions. 2277a–9. Insurance Fund. 2277a–10. Powers of Corporation with respect to troubled insured System banks. 2277a–10a. Oversight actions by Corporation. 2277a–10b. Authority to regulate golden parachute and indemnification payments. 2277a–10c. Corporation as conservator or receiver; certain other powers. 2277a–11. Investment of funds. 2277a–12. Exemption from taxation. 2277a–13. Omitted. 2277a–14. Prohibitions. SUBCHAPTER VI—ASSISTANCE TO FARM CREDIT SYSTEM 2278a to 2278b–11. Repealed. SUBCHAPTER VII—RESTRUCTURING OF SYSTEM INSTITUTIONS PART A—MERGER OF BANKS WITHIN A DISTRICT 2279a. Power to merge. 2279a–1. Board of directors. 2279a–2. Powers of merged banks. 2279a–3. Capitalization. 2279a–4, 2279a–5. Repealed or Transferred. PART B—MERGERS, TRANSFERS OF ASSETS, AND POWERS OF ASSOCIATIONS WITHIN A DISTRICT SUBPART 1—TRANSFERS BY FEDERAL LAND BANKS TO FEDERAL LAND BANK ASSOCIATIONS 2279b. Transfer of lending authority. 2279c. Equalization of loan-making powers of certain district associations. SUBPART 2—MERGER OF LIKE AND UNLIKE ASSOCIATIONS 2279c–1. Merger of associations. SUBPART 3—RECONSIDERATION 2279c–2. Reconsideration. SUBPART 4—TERMINATION AND DISSOLUTION OF INSTITUTIONS 2279d. Termination of System institution sta- tus.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1926 — Limitations on amount of farm ownership loans

**(a) In general** The Secretary shall make or insure no loan under sections 1922, 1923, 1924, 1934, and 1935 of this title that would cause the unpaid indebtedness under such sections of any one borrower to exceed the smaller of (1) the value of the farm or other security, or (2) in the case of a loan other than a loan guaranteed by the Secretary, $600,000, 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 amount of any unpaid indebtedness of the borrower on loans under subchapter II that are guaranteed by the Secretary). **(b) Determination of value** In determining the value of the farm, the Secretary shall consider appraisals made by competent appraisers under rules established by the Secretary. **(c) 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).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1926 — Water and waste facility loans and grants

Page 1063 TITLE 7—AGRICULTURE § 1926 amendment relates, see section 1101(b)(3) of Pub. L. 102–237, set out as a note under section 1421 of this title. § 1925. Limitations on amount of farm ownership loans (a) In general The Secretary shall make or insure no loan under sections 1922, 1923, 1924, 1934, and 1935 of this title that would cause the unpaid indebted- ness under such sections of any one borrower to exceed the smaller of (1) the value of the farm or other security, or (2) in the case of a loan other than a loan guaranteed by the Secretary, $600,000, 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 amount of any unpaid indebtedness of the borrower on loans under subchapter II that are guaranteed by the Secretary). (b) Determination of value In determining the value of the farm, the Sec- retary shall consider appraisals made by com- petent appraisers under rules established by the Secretary. (c) Inflation percentage For purposes of this section, the inflation per- centage applicable to a fiscal year is the per- centage (if any) by which— (1) the average of the Prices Paid By Farm- ers Index (as compiled by the National Agri- cultural 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 pre- cedes the 12-month period described in para- graph (1). (Pub. L. 87–128, title III, § 305, Aug. 8, 1961, 75 Stat. 308; Pub. L. 91–620, § 1, Dec. 31, 1970, 84 Stat. 1862; Pub. L. 92–419, title I, § 103, A

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1929a — Level of loan programs under Agricultural Credit Insurance Fund

On and after October 28, 1991, no funds in this Act or any other Act shall be available to carry out loan programs under the Agricultural Credit Insurance Fund at levels other than those provided for in advance in appropriations Acts.

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7 U.S.C. § 1929a — Rural Development Insurance Fund

Page 1086 TITLE 7—AGRICULTURE § 1929–1 ‘‘(E) The National Institute of Food and Agri- culture. ‘‘(F) Community colleges or other educational in- stitutions with demonstrated experience in training beginning farmers or ranchers. ‘‘(G) Other entities or persons providing lending or technical assistance for qualified beginning farmers or ranchers.’’ LIMITATION ON SALES FROM AGRICULTURAL CREDIT INSURANCE FUND Pub. L. 99–509, title I, § 1002, Oct. 21, 1986, 100 Stat. 1875, provided that: ‘‘During fiscal years 1987 through 1989, no note shall be sold out of the Agricultural Cred- it Insurance Fund, except in connection with trans- actions with the Secretary of the Treasury, without prior approval by Congress.’’ LOANS TO INDIANS Authority of the Secretary of Agriculture to make loans to Indian tribes and tribal corporations to ac- quire land within reservations, see sections 5136 to 5143 of Title 25, Indians. § 1929–1. Level of loan programs under Agricul- tural Credit Insurance Fund On and after October 28, 1991, no funds in this Act or any other Act shall be available to carry out loan programs under the Agricultural Credit Insurance Fund at levels other than those pro- vided for in advance in appropriations Acts. (Pub. L. 102–142, title III, Oct. 28, 1991, 105 Stat. 899.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act, 1992, and not as part of the Consolidated Farm and Rural Development Act which comprises this chapter. § 1929a. Rural Development Insurance Fund (a) Creation; revolving fund; rural development loans There is hereby created the Rural Develop- ment Insurance Fund (hereinafter in this sec- tion referred to as the ‘

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 1929b — Rural Development Insurance Fund

**(a) Creation; revolving fund; rural development loans** There is hereby created the Rural Development Insurance Fund (hereinafter in this section referred to as the “Insurance Fund”) which shall be used by the Secretary as a revolving fund for the discharge of the obligations of the Secretary under contracts guaranteeing or insuring rural development loans. For the purpose of this section “rural development loans” shall be those provided for by sections 1926(a)(1) and 1932 of this title, except loans (other than for water systems and waste disposal facilities) of a type authorized by [section 1926(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926/a/1&num=0&edition=prelim) prior to its amendment by the Rural Development Act of 1972. **(b) Transfer of assets and liabilities** The assets and liabilities of the Agricultural Credit Insurance Fund referred to in [section 1929(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1929/a&num=0&edition=prelim) applicable to loans for water systems and waste disposal facilities under [section 1926(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1926/a/1&num=0&edition=prelim) are hereby transferred to the Insurance Fund. Such assets (including the proceeds thereof) and liabilities and rural development loans guaranteed or insured pursuant to this chapter shall be subject to the provisions of this section. **(c) Credits in the Treasury; investments; notes, purchasing authority of the Secretary** Moneys in the Insurance Fund not needed for current operations shall be deposited in the Treasury of the United States to the credit of the Insurance Fund or invested in direct obligations of the Unit

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