Revolving fund
The fund established pursuant to section 11(a) of the Bankhead-Jones Farm Tenant Act, as amended, shall hereafter be called the Agricultural Credit Insurance Fund and is hereinafter in this subchapter referred to as the “fund”. The fund shall remain available as a revolving fund for the discharge of the obligations of the Secretary under agreements insuring loans under this subchapter and loans and mortgages insured under prior authority.
Deposits of funds; investments; purchase of notes
Moneys in the fund not needed for current operations shall be deposited in the Treasury of the United States to the credit of the fund or invested in direct obligations of the United States or obligations guaranteed by the United States. The Secretary may purchase with money in the fund any notes issued by the Secretary to the Secretary of the Treasury for the purpose of obtaining money for the fund.
Notes; form and denominations; maturities; terms and conditions; interest rate; purchase by Treasury; public debt transaction
The Secretary is authorized to make and issue notes to the Secretary of the Treasury for the purpose of obtaining funds necessary for discharging obligations under this section and for authorized expenditures out of the fund. Such notes shall be in such form and denominations and have such maturities and be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes shall bear interest at a rate fixed by the Secretary of the Treasury, taking into consideration the current average market yield of outstanding marketable obligations of the United States having maturities comparable to the notes issued by the Secretary under this subchapter. The Secretary of the Treasury is authorized and directed to purchase any notes of the Secretary issued hereunder, and, for that purpose, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which such securities may be issued under such chapter are extended to include the purchase of notes issued by the Secretary. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes shall be treated as public debt transactions of the United States.
Notes and security as part of fund; collection or sale of notes; deposit of net proceeds in fund
Notes and security acquired by the Secretary in connection with loans insured under this subchapter and under prior authority shall become a part of the fund. Notes may be held in the fund and collected in accordance with their terms or may be sold by the Secretary with or without agreements for insurance thereof at the balance due thereon, or on such other basis as the Secretary may determine from time to time. All net proceeds from such collections, including sales of notes or property, shall be deposited in and become a part of the fund.
Deposit in fund of portion of charge on outstanding principal obligations; availability of remainder of charge, and merger with appropriations, for administrative expenses
The Secretary shall deposit in the fund all or a portion, not to exceed one-half of 1 per centum of the unpaid principal balance of the loan, of any charge collected in connection with the insurance of loans; and any remainder of any such charge shall be available for administrative expenses of the Farmers Home Administration and the Rural Development Administration, in proportion to such charges collected in connection with the insurance of loans by such agency, to be transferred annually and become merged with any appropriation for administrative expenses for such agency.
Utilization of fund
Transfer of funds from Farmers Home Administration direct loan account and Emergency Credit Revolving Fund; abolition of such account and fund; payments from Agricultural Credit Insurance Fund; interest
Guaranteed loans; interest rate for loans sold into secondary market; loan fees
Maximum guarantee of 90 percent .—
Refinanced loans guaranteed at 95 percent .—
Beginning farmer loans guaranteed up to 95 percent .—
Amount of guarantee of loans for farm operations on tribal lands .—
Coordination of assistance for qualified beginning farmers and ranchers
Guarantee of loans made under State beginning farmer or rancher programs
section 144(a)(12)(B)(ii) of title 26The Secretary may guarantee under this chapter a loan made under a State beginning farmer or rancher program, including a loan financed by the net proceeds of a qualified small issue agricultural bond for land or property described in .
Pub. L. 87–128, title III, § 30975 Stat. 309 Pub. L. 87–703, title IV, § 401(3)76 Stat. 632 Pub. L. 89–240, § 2(b)79 Stat. 932 Pub. L. 89–63380 Stat. 879 Pub. L. 90–488, § 782 Stat. 771 Pub. L. 92–419, title I, § 11586 Stat. 660 Pub. L. 95–113, title XV, § 1510(a)91 Stat. 1022 Pub. L. 95–334, title I, § 109(a)92 Stat. 423 Pub. L. 101–624, title XXIII, § 2302(a)(2)104 Stat. 3980 Pub. L. 102–554106 Stat. 4143 Pub. L. 104–127, title VI110 Stat. 1086 Pub. L. 107–171, title V116 Stat. 342 (, , ; , , ; , (c), , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 4, 5(a), , ; , §§ 606, 661(b), title VII, §§ 744, 749(b)(1), , , 1106, 1125, 1129; , §§ 5003, 5004, , .)
Editorial Notes
References in Text
act July 22, 1937, ch. 517, title I Aug. 14, 1946, ch. 964, § 5 60 Stat. 1072 section 1005a of this titlesection 341(a) of Pub. L. 87–128Section 11(a) of the Bankhead-Jones Farm Tenant Act, referred to in subsec. (a), refers to section 11(a) of , as added , , which was classified to and was repealed by .
Pub. L. 87–12875 Stat. 307 section 1921 of this titleThis chapter, referred to in subsecs. (f)(5), (h)(1), (2), (4), (5), and (j), was in the original “this title”, meaning title III of , , , 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 and Tables.
Section 1988(c) of this titlesection 1988 of this titlesection 749(a)(1) of Pub. L. 104–127 (before the amendment made by section 749(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996), referred to in subsec. (g)(1), means subsec. (c) of prior to repeal by .
Codification
Pub. L. 97–258, § 4(b)96 Stat. 1067 In subsec. (c), “chapter 31 of title 31” and “such chapter” substituted for “the Second Liberty Bond Act, as amended” and “such Act, as amended,” respectively, on authority of , , , the first section of which enacted Title 31, Money and Finance.
Amendments
Pub. L. 107–171, § 5003(1)2002—Subsec. (h)(4). , substituted “paragraphs (5), (6), and (7)” for “paragraphs (5) and (6)”.
Pub. L. 107–171, § 5003(2)Subsec. (h)(7). , added par. (7).
Pub. L. 107–171, § 5004Subsec. (j). , added subsec. (j).
Pub. L. 104–127, § 7441996—Subsec. (f). , redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out former par. (1) which read as follows: “to make loans which could be insured under this subchapter whenever the Secretary has reasonable assurance that they can be sold without undue delay, and may sell and insure such loans;”.
Pub. L. 104–127, § 749(b)(1)section 1988(c) of this titleSubsec. (g)(1). , inserted “(before the amendment made by section 749(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996)” after “”.
Pub. L. 104–127, § 661(b), struck out “section 1928,” after “provisions of this section,”.
Pub. L. 104–127, § 606Subsec. (h)(4) to (6). , added pars. (4) to (6).
Pub. L. 102–554, § 41992—Subsec. (h). , designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 102–554, § 5(a)Subsec. (i). , added subsec. (i).
Pub. L. 101–6241990—Subsec. (e). inserted “and the Rural Development Administration, in proportion to such charges collected in connection with the insurance of loans by such agency” and substituted “expenses for such agency” for “expenses”.
Pub. L. 95–3341978—Subsec. (f)(1), (6). in par. (1) struck out provisions limiting amount of loans outstanding at any one time, and added par. (6).
Pub. L. 95–1131977—Subsec. (f)(3). substituted “any deferred or defaulted installment” for “any defaulted installment”.
Pub. L. 92–419, § 115(a)(1)1972—Subsec. (f)(1). , substituted “$500,000,000” for “$100,000,000”.
Pub. L. 92–419, § 115(a)(2)Subsec. (f)(2). , substituted “amounts” for “the interest” and “payments” for “prepayments” in three places and inserted “or until the next agreed annual or semi-annual remittance date” after “until due”.
Pub. L. 92–419, § 115(a)(3)section 1985(a) of this titleSubsec. (f)(5). , (4), substituted “connection with insured loans, including the difference between interest payable to borrowers and interest to which insured lenders or insured holders are entitled under agreements with the Secretary included in contracts of insurance” for “ in connection with insured loans,” and provided payment for contract services.
Pub. L. 92–419, § 115(b)Subsecs. (g), (h). , added subsecs. (g) and (h).
Pub. L. 90–4881968—Subsec. (f)(1). increased from $50,000,000 to $100,000,000 the aggregate amount of loans to be sold and insured and undisposed of at any one time.
Pub. L. 89–6331966—Subsec. (f)(2). substituted “until due” for “until the due date of the annual installment”.
Pub. L. 89–240, § 2(b)1965—Subsec. (e). , substituted “all or a portion, not to exceed one-half of 1 per centum of the unpaid principal balance of the loan of any charge collected in connection with the insurance of loans; and any remainder of any such charge” for “such portion of the charge collected in connection with the insurance of loans at least equal to a rate of one-half of 1 per centum per annum on the outstanding principal obligations and the remainder of such charge”.
Pub. L. 89–240, § 2(c)Subsec. (f)(1). , substituted “$50,000,000” for “$25,000,000”.
Pub. L. 87–7031962—Subsec. (f)(1). increased from $10,000,000 to $25,000,000 the aggregate amount of loans to be sold and insured and undisposed of at any one time.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
section 606 of Pub. L. 104–127section 661(b) of Pub. L. 104–127Pub. L. 104–127section 1922 of this titleAmendment by effective 90 days after , and amendment by effective , see section 663(a), (b) of , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–113section 1901 of Pub. L. 95–113section 1307 of this titleAmendment by effective , see , set out as a note under .
Advisory Committee on Beginning Farmers and Ranchers
Pub. L. 102–554, § 5(b)106 Stat. 4143 Pub. L. 110–234, title VII, § 7511(c)(4)122 Stat. 1267 Pub. L. 110–246, § 4(a)122 Stat. 1664
Establishment; purpose .—
Membership .—
Limitation on Sales From Agricultural Credit Insurance Fund
Pub. L. 99–509, title I, § 1002100 Stat. 1875
Loans to Indians
Authority of the Secretary of Agriculture to make loans to Indian tribes and tribal corporations to acquire land within reservations, see sections 5136 to 5143 of Title 25, Indians.