7 U.S.C. § 1981e — Planting and production history guide-

Page 1128 TITLE 7—AGRICULTURE § 1981e past due on the payment of principal or interest on a loan made or insured under this chapter. (b) Contents The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, preservation loan service programs, debt settlement programs, and ap- peal procedures, including the eligibility cri- teria, and terms and conditions of such pro- grams and procedures; (2) include a summary of the manner in which the borrower may apply, and be consid- ered, for all such programs, except that the Secretary shall not require the borrower to se- lect among such programs or waive any right in order to be considered for any program car- ried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including ap- plicable response forms; (5) advise the borrower that a copy of regula- tions is available on request; and (6) be designed to be readable and under- standable by the borrower. (c) Contained in regulations All notices required by this section shall be contained in the regulations implementing this chapter. (d) Timing The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. (e) Consideration of borrowers for loan service programs The Secretary shall consider a farmer program borrower for all loan service programs if, within 60 days after receipt of the notice required in this section or, in extraordinary circumstances as determined by the applicable State director, after the 60-day period, the borrower requests such consideration in writing. In considering a borrower for loan service programs, the Sec- retary shall place the highest priority on the preservation of the borrower’s farming oper- ations. (Pub. L. 87–128, title III, § 331D, as added Pub. L. 100–233, title VI, § 605, Jan. 6, 1988, 101 Stat. 1666; amended Pub. L. 101–624, title XVIII, § 1807, Nov. 28, 1990, 104 Stat. 3819; Pub. L. 102–554, § 10, Oct. 28, 1992, 106 Stat. 4151; Pub. L. 104–127, title VI, § 633, Apr. 4, 1996, 110 Stat. 1092; Pub. L. 115–334, title V, § 5401(b)(1), Dec. 20, 2018, 132 Stat. 4674.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consoli- dated Farm and Rural Development Act, which is clas- sified principally to this chapter. For complete classi- fication of title III to the Code, see Short Title note set out under section 1921 of this title and Tables. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–334 inserted ‘‘or, in ex- traordinary circumstances as determined by the appli- cable State director, after the 60-day period’’ after ‘‘within 60 days after receipt of the notice required in this section’’. 1996—Subsec. (a). Pub. L. 104–127 substituted ‘‘90 days past due on’’ for ‘‘180 days delinquent in’’. 1992—Subsec. (e). Pub. L. 102–554, which directed the insertion of ‘‘or, in extraordinary circumstances as de- termined by the applicable State director, after the 60- day period’’ after ‘‘not later than 60 days after receipt of the notice required in this section’’, could not be ex- ecuted because the phrase ‘‘not later than 60 days after receipt of the notice required in this section’’ did not appear in text. Corrected amendment was made by Pub. L. 115–334, effective as if included in Pub. L. 102–554. See 2018 Amendment note above and Effective Date of 2018 Amendment note below. 1990—Subsec. (b)(1). Pub. L. 101–624, § 1807(1), inserted ‘‘debt settlement programs,’’ after ‘‘preservation loan service programs’’. Subsec. (e). Pub. L. 101–624, § 1807(2), substituted ‘‘60 days’’ for ‘‘45 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title V, § 5401(b)(2), Dec. 20, 2018, 132 Stat. 4674, provided that: ‘‘The amendment made by this subsection [amending this section] shall take ef- fect as if included in the enactment of section 10 of the Agricultural Credit Improvement Act of 1992 (Public Law 102–554).’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–127 effective 90 days after Apr. 4, 1996, see section 663(b) of Pub. L. 104–127, set out as a note under section 1922 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1807(1) of Pub. L. 101–624 effec- tive 120 days after Nov. 28, 1990, see section 1861(b) of Pub. L. 101–624, set out as a note under section 2001 of this title. § 1981e. Planting and production history guide- lines (a) In general The Secretary shall ensure that appropriate procedures, including to the extent practicable onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accu- rate projection cannot be made because the ap- plicant’s past production history has been af- fected by natural disasters declared under the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.). (b) Calculation of yields (1) In general For purposes of averaging past yields of the farm of a borrower or applicant over a period of crop years to calculate future yields for the farm under this chapter (except for loans under subchapter III), the Secretary shall per- mit the borrower or applicant to exclude the crop year with the lowest actual or county av- Page 1129 TITLE 7—AGRICULTURE § 1982 erage yield for the farm from the calculation, if the borrower or applicant was affected by a disaster during at least 2 of the crop years dur- ing the period. (2) Affected by a disaster For purposes of paragraph (1), a borrower or applicant was affected by a disaster if the Sec- retary finds that the borrower or applicant’s farming operations have been substantially af- fected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.), including a borrower or applicant who has a qualifying loss but is not located in a designated or de- clared disaster area. (3) Application of subsection Paragraph (1) shall apply to all actions taken by the Secretary to carry out this chap- ter (except for loans under subchapter III) that involve the yields of a farm of a borrower or applicant, including making loans and loan guarantees, servicing loans, and making credit sales. (Pub. L. 87–128, title III, § 331E, as added Pub. L. 100–233, title VI, § 606, Jan. 6, 1988, 101 Stat. 1667; amended Pub. L. 102–237, title V, § 501(d)(1), Dec. 13, 1991, 105 Stat. 1866; Pub. L. 102–552, title V, § 516(g)(1), Oct. 28, 1992, 106 Stat. 4138.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsecs. (a) and (b)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. This chapter, referred to in subsec. (b)(1), (3), was in the original ‘‘this title’’, meaning title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, known as the Consoli- dated Farm and Rural Development Act, which is clas- sified principally to this chapter. For complete classi- fication of title III to the Code, see Short Title note set out under section 1921 of this title and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–552, § 516(g)(1)(A), sub- stituted ‘‘Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.)’’ for ‘‘Dis- aster Relief Act of 1974’’. Subsec. (b)(2). Pub. L. 102–552, § 516(g)(1)(B), inserted ‘‘Robert T. Stafford’’ before ‘‘Disaster Relief’’. 1991—Pub. L. 102–237 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–552, title V, § 516(g)(2), Oct. 28, 1992, 106 Stat. 4138, provided that: ‘‘The amendments made by paragraph (1) of this subsection [amending this section] shall take effect immediately after section 501(d) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102–237; 105 Stat. 1866) [amending this section and enacting provisions set out below] took effect.’’ EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–237, title V, § 501(d)(3), Dec. 13, 1991, 105 Stat. 1867, provided that: ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the amendment made by paragraph (1) [amending this section] shall become effective on the date of publication of the interim regulations issued pursuant to paragraph (2)(A) [set out below]. ‘‘(B) EXCEPTION.—The amendment made by paragraph (1) shall apply to each primary loan servicing applica- tion submitted on or after the date of enactment of this Act [Dec. 13, 1991].’’ REGULATIONS Pub. L. 102–237, title V, § 501(d)(2), Dec. 13, 1991, 105 Stat. 1867, provided that: ‘‘(A) INTERIM REGULATIONS.—Notwithstanding section 553 of title 5, United States Code, as soon as practicable after the date of enactment of this Act [Dec. 13, 1991] and without a requirement for prior public notice and comment, the Secretary of Agriculture shall issue in- terim regulations that provide for the implementation of the amendment made by paragraph (1) [amending this section] beginning in crop year 1992. ‘‘(B) FINAL REGULATIONS.—The Secretary of Agri- culture shall provide for public notice and comment be- fore the issuance of final regulations to implement the amendment made by paragraph (1).’’ § 1981f. Underwriting forms and standards In the administration of this chapter, the Sec- retary shall, to the extent practicable, use un- derwriting forms, standards, practices, and ter- minology similar to the forms, standards, prac- tices, and terminology used by lenders in the private sector. (Pub. L. 87–128, title III, § 331F, as added Pub. L. 101–624, title XVIII, § 1808(a), Nov. 28, 1990, 104 Stat. 3820.) 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. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 101–624, title XVIII, § 1808(b), Nov. 28, 1990, 104 Stat. 3820, provided that: ‘‘The Secretary of Agriculture shall not issue final regulations providing for the use of ratios and standards for determining the degree of po- tential loan risk under section 331F of the Consolidated Farm and Rural Development Act [7 U.S.C. 1981f] (as added by subsection (a) of this section), prior to the submission of the study and report on the effects of the regulations required by section 621 of the Agricultural Credit Act of 1987 (7 U.S.C. 1989 note).’’ § 1982. Relief for mobilized military reservists from certain agricultural loan obligations (a) Definition of mobilized military reservist In this section, the term ‘‘mobilized military reservist’’ means an individual who— (1) is on active duty under section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12406, or chapter 13 of title 10, or any other provision of law during a war or during a national emer- gency declared by the President or Congress, regardless of the location at which the active duty service is performed; or