§ 2001. Congressional declaration of policy and
objectives
(a) It is declared to be the policy of the Con-
gress, recognizing that a prosperous, productive
agriculture is essential to a free nation and rec-
ognizing the growing need for credit in rural
areas, that the farmer-owned cooperative Farm
Credit System be designed to accomplish the ob-
jective of improving the income and well-being
of American farmers and ranchers by furnishing
sound, adequate, and constructive credit and
closely related services to them, their coopera-
tives, and to selected farm-related businesses
necessary for efficient farm operations.
(b) It is the objective of this chapter to con-
tinue to encourage farmer- and rancher-bor-
rowers participation in the management, con-
trol, and ownership of a permanent system of
credit for agriculture which will be responsive
to the credit needs of all types of agricultural
producers having a basis for credit, and to mod-
ernize and improve the authorizations and
means for furnishing such credit and credit for
housing in rural areas made available through
the institutions constituting the Farm Credit
System as herein provided.
(c) It is declared to be the policy of Congress
that the credit needs of farmers, ranchers, and
their cooperatives are best served if the institu-
tions of the Farm Credit System provide equi-
Page 1283
TITLE 12—BANKS AND BANKING
§ 2001
1 See References in Text note below.
table and competitive interest rates to eligible
borrowers, taking into consideration the credit-
worthiness and access to alternative sources of
credit for borrowers, the cost of funds, the oper-
ating costs of the institution, including the
costs of any loan loss amortization under sec-
tion 2254(b)1 of this title, the cost of servicing
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Stable record: federal_law:legal_authorities:uscode2024_82e771322b62e306ffd00905 Source file: Laws/federal/codes/united-states-code-2024/title-12/section-2001-congressional-declaration-of-policy-and--01b7bc21a1.md Pages: Not recorded – Not recorded Passage SHA-256: 9e98d1836d0f8259706c6afd7ef85dc807c1f34d1549ae7343391e6a36cfd92e Retained source evidence SHA-256: da702ab0701d7ce718018a80b23dbc1bc4fa5813dd7513efabbe1c99e7d5431f
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.
PART C—APPROVAL
OF DISCLOSURE INFORMATION
AND
ISSUANCE OF CHARTERS BY THE FARM CREDIT ADMIN-
ISTRATION BOARD
2279e.
Approval of disclosure information and
issuance of charters.
PART D—MERGERS OF LIKE ENTITIES
2279f.
Merger of similar banks.
2279f–1.
Merger of similar associations.
PART E—TAXATION OF MERGER TRANSACTIONS
2279g.
Transactions to accomplish mergers ex-
empt from certain State taxes.
SUBCHAPTER VIII—AGRICULTURAL MORTGAGE
SECONDARY MARKET
2279aa.
Definitions.
Sec.
PART A—ESTABLISHMENT AND ACTIVITIES OF FEDERAL
AGRICULTURAL MORTGAGE CORPORATION
2279aa–1.
Federal Agricultural Mortgage Corpora-
tion.
2279aa–2.
Board of directors.
2279aa–3.
Powers and duties of Corporation and
Board.
2279aa–4.
Stock issuance.
2279aa–5.
Certification of agricultural mortgage
marketing facilities.
2279aa–6.
Guarantee of qualified loans.
2279aa–7.
Repealed.
2279aa–8.
Standards for qualified loans.
2279aa–9.
Exemption from restructuring and bor-
rowers rights provisions for pooled
loans.
2279aa–10.
Funding for guarantee; reserves of Cor-
poration.
2279aa–11.
Supervision, examination, and report of
condition.
2279aa–12.
Securities in credit enhanced pools.
2279aa–13.
Authority to issue obligations to cover
guarantee losses of Corporation.
2279aa–14.
Federal jurisdiction.
PART
B—REGULATION
OF
FINANCIAL
SAFETY
AND
SOUNDNESS
OF
FEDERAL
AGRICULTURAL
MORTGAGE
CORPORATION
2279bb.
Definitions.
2279bb–1.
Risk-based capital levels.
2279bb–2.
Minimum capital level.
2279bb–3.
Critical capital level.
2279bb–4.
Enforcement levels.
2279bb–5.
Mandatory actions applicable to level II.
2279bb–6.
Supervisory actions applicable to level
III.
2279bb–7.
Repealed.
PART
C—RECEIVERSHIP, CONSERVATORSHIP, AND
LIQ-
UIDATION
OF
FEDERAL
AGRICULTURAL
MORTGAGE
CORPORATION
2279cc.
Conservatorship; liquidation; receiver-
ship.
§ 2001. Congressional declaration of policy and
objectives
(a) It is declared to be the policy of the Con-
gress, recognizing that a prosperous, productive
agriculture is essential to a free nation and rec-
ognizing the growing need for credit in rural
areas, that the farmer-owned cooperative Farm
Credit System be designed to accomplish the ob-
jective of improving the income and well-being
of American farmers and ranchers by furnishing
sound, adequate, and constructive credit and
closely related services to them, their coopera-
tives, and to selected farm-related businesses
necessary for efficient farm operations.
(b) It is the objective of this chapter to con-
tinue to encourage farmer- and rancher-bor-
rowers participation in the management, con-
trol, and ownership of a permanent system of
credit for agriculture which will be responsive
to the credit needs of all types of agricultural
producers having a basis for credit, and to mod-
ernize and improve the authorizations and
means for furnishing such credit and credit for
housing in rural areas made available through
the institutions constituting the Farm Credit
System as herein provided.
(c) It is declared to be the policy of Congress
that the credit needs of farmers, ranchers, and
their cooperatives are best served if the institu-
tions of the Farm Credit System provide equi-
Page 1283
TITLE 12—BANKS AND BANKING
§ 2001
1 See References in Text note below.
table and competitive interest rates to eligible
borrowers, taking into consideration the credit-
worthiness and access to alternative sources of
credit for borrowers, the cost of funds, the oper-
ating costs of the institution, including the
costs of any loan loss amortization under sec-
tion 2254(b)1 of this title, the cost of servicing
loans, the need to retain earnings to protect bor-
rowers’ stock, and the volume of net new bor-
rowing. Further, it is declared to be the policy
of Congress that Farm Credit System institu-
tions take action in accordance with the Farm
Credit Act Amendments of 1986 in such manner
that borrowers from the institutions derive the
greatest benefit practicable from that Act: Pro-
vided, That in no case is any borrower to be
charged a rate of interest that is below competi-
tive market rates for similar loans made by pri-
vate lenders to borrowers of equivalent credit-
worthiness and access to alternative credit.
(Pub. L. 92–181, § 1.1, Dec. 10, 1971, 85 Stat. 583;
Pub. L. 99–509, title I, § 1032, Oct. 21, 1986, 100
Stat. 1877; Pub. L. 115–334, title V, § 5411(1), Dec.
20, 2018, 132 Stat. 4679.)
Editorial Notes
REFERENCES IN TEXT
Section 2254(b) of this title, referred to in subsec. (c),
was
amended
by
Pub.
L.
115–334,
title
V,
§ 5411(31)(B)(ii)(II), (iii), Dec. 20, 2018, 132 Stat. 4683. Sec-
tion 5411(31)(B)(ii)(II) of Pub. L. 115–334 amended sec-
tion 2254(b) of this title by striking out the third sen-
tence of par. (1), which read as follows: ‘‘Notwith-
standing the provisions of the preceding sentence and
any other provision of this chapter, for the period July
1, 1986, through December 31, 1988, the institutions of
the Farm Credit System may, on the prior approval of
the Farm Credit Administration and subject to such
conditions as it may establish, capitalize annually
their provision for losses that is in excess of one-half of
1 percent of loans outstanding and amortize such cap-
italized amounts over a period not to exceed 20 years.’’
Section 5411(31)(B)(iii) of Pub. L. 115–334 amended sec-
tion 2254(b) of this title in part by striking out par. (2),
which read as follows: ‘‘In accordance with the regula-
tions of the Farm Credit Administration, for the period
ending December 31, 1992, System institutions are au-
thorized to use the authorities contained in the third
sentence of paragraph (1) except as otherwise provided
in section 2278a–6 of this title.’’
The Farm Credit Act Amendments of 1986, referred to
in subsec. (c), is subtitle D of Pub. L. 99–509, title I,
§§ 1031–1037, Oct. 21, 1986, 100 Stat. 1877, which amended
sections 2001, 2015, 2075, 2131, 2159, 2205, 2252, and 2254 of
this title and enacted provisions set out as a note
below. For complete classification of this Act to the
Code, see Short Title of 1986 Amendment note below
and Tables.
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–334 struck out ‘‘includ-
ing any costs of defeasance under section 2159(b) of this
title,’’ after ‘‘the cost of funds,’’ in first sentence.
1986—Subsec. (c). Pub. L. 99–509 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–205, title IV, § 401, Dec. 23, 1985, 99 Stat.
1709, provided that: ‘‘The provisions of titles I, II, III,
and VI of this Act [enacting sections 2152, 2161, 2199,
2200, 2216 to 2216k, 2219, 2219a, 2253, 2261 to 2273 of this
title and provisions set out as notes under section 2001
of this title, amending sections 2002, 2012, 2013, 2031,
2033, 2034, 2051, 2052, 2054, 2072 to 2074, 2077, 2078, 2091,
2093 to 2096, 2098, 2122 to 2126, 2132 to 2134, 2151, 2153 to
2156, 2182, 2183, 2201, 2202, 2205, 2206, 2211 to 2213, 2221 to
2223, 2227, 2241 to 2246, 2248 to 2252, and 2254 of this title,
and repealing sections 2152, 2247, and 2253 of this title]
shall become effective thirty days after enactment
[Dec. 23, 1985].’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–105, § 1(a), Feb. 10, 1996, 110 Stat. 162, pro-
vided that: ‘‘This Act [enacting sections 2214a, 2219e,
2277a–10a, 2277a–10b, 2279bb–7, and 2279cc of this title,
amending sections 2013, 2018, 2020, 2129, 2154a, 2199,
2202a, 2252, 2254, 2277a, 2277a–2, 2277a–4, 2277a–5, 2277a–7,
2277a–8, 2277a–10, 2279aa, 2279aa–1, 2279aa–3, 2279aa–5,
2279aa–6, 2279aa–8, 2279aa–9, 2279aa–11 to 2279aa–13,
2279bb–1 to 2279bb–4 of this title, sections 5314 and 5315
of Title 5, Government Organization and Employees,
and section 1999 of Title 7, Agriculture, repealing sec-
tion 2279aa–7 of this title, and enacting provisions set
out as notes under this section and sections 2013 and
2252 of this title] may be cited as the ‘Farm Credit Sys-
tem Reform Act of 1996’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–376, § 1, Oct. 19, 1994, 108 Stat. 3497, pro-
vided that: ‘‘This Act [enacting section 2206a of this
title and amending sections 2122, 2128, and 2129 of this
title] may be cited as the ‘Farm Credit System Agricul-
tural Export and Risk Management Act’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–552, § 1(a), Oct. 28, 1992, 106 Stat. 4102, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Farm Credit Banks and Associa-
tions Safety and Soundness Act of 1992’.’’
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100–399, § 1, Aug. 17, 1988, 102 Stat. 989, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Agricultural Credit Technical Cor-
rections Act of 1988’.’’
Pub. L. 100–233, § 1(a), Jan. 6, 1988, 101 Stat. 1568, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Agricultural Credit Act of 1987’.’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–509, title I, § 1031, Oct. 21, 1986, 100 Stat.
1877,
provided
that:
‘‘This
subtitle
[subtitle
D
(§§ 1031–1037) of title I of Pub. L. 99–509, amending sec-
tions 2001, 2015, 2075, 2131, 2159, 2205, 2252, and 2254 of
this title] may be cited as the ‘Farm Credit Act Amend-
ments of 1986’.’’
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–205, § 1, Dec. 23, 1985, 99 Stat. 1678, provided:
‘‘That this Act [enacting sections 2152, 2161, 2199, 2200,
2216 to 2216k, 2219, 2219a, 2253, 2261 to 2273 of this title
and provisions set out as notes under this section and
section 2241 of this title, amending sections 2002, 2012,
2013, 2031, 2033, 2034, 2051, 2052, 2054, 2072 to 2074, 2077,
2078, 2091, 2093 to 2096, 2098, 2122 to 2126, 2132 to 2134,
2151, 2153 to 2156, 2182, 2183, 2201, 2202, 2205, 2206, 2211 to
2213, 2221 to 2223, 2227, 2241 to 2246, 2248 to 2252, and 2254
of this title, and repealing sections 2152, 2247, and 2253
of this title] may be cited as the ‘Farm Credit Amend-
ments Act of 1985’.’’
SHORT TITLE OF 1980 AMENDMENT
Pub. L. 96–592, § 1, Dec. 24, 1980, 94 Stat. 3437, provided:
‘‘That this Act [enacting sections 2205 to 2208, 2211 to
2214, 2218, and 2260 of this title and amending sections
1141b, 2012 to 2020, 2033, 2034, 2051 to 2054, 2072 to 2077,
2091, 2093, 2094, 2096, 2097, 2122, 2124, 2126, 2128 to 2132,
2156, 2181, 2221, 2223, 2242, 2244, 2249, 2251, and 2252 of this
title and section 3802 of Title 7, Agriculture] may be
cited as the ‘Farm Credit Act Amendments of 1980’.’’
Page 1284
TITLE 12—BANKS AND BANKING
§ 2001
SHORT TITLE
Pub. L. 92–181, § 1, Dec. 10, 1971, 85 Stat. 583, provided:
‘‘That this Act [enacting this chapter and provisions
set out as notes under this section, amending sections
5314 and 5315 of Title 5, Government Organization and
Employees, and section 393 of this title, and repealing
section 636 et seq. of this title] may be cited as the
‘Farm Credit Act of 1971’.’’
REGULATIONS
Pub. L. 104–105, title III, § 301, Feb. 10, 1996, 110 Stat.
185, provided that: ‘‘The Secretary of Agriculture and
the Farm Credit Administration shall promulgate regu-
lations and take other required actions to implement
the provisions of this Act [see Short Title of 1996
Amendment note above] not later than 90 days after
the effective date of this Act [Feb. 10, 1996].’’
Pub. L. 100–233, title IX, § 901, Jan. 6, 1988, 101 Stat.
1717, as amended by Pub. L. 100–399, title VIII, § 801,
Aug. 17, 1988, 102 Stat. 1006, provided that:
‘‘(a) ISSUANCE OF REGULATIONS.—
‘‘(1) AUTHORITY.—The Farm Credit Administration
Board shall issue such regulations as the Board con-
siders necessary for the orderly and efficient imple-
mentation of the provisions of, and the amendments
made by, this Act [see Tables for classification] relat-
ing to the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.).
‘‘(2) TIMING.—To the extent the Farm Credit Ad-
ministration is required to issue regulations to im-
plement this Act and the amendments made by this
Act, the Farm Credit Administration shall issue such
regulations as expeditiously as possible, and, except
as otherwise provided in this Act, not later than 180
days after the date of the enactment of this Act [Jan.
6, 1988].
‘‘(b) TEMPORARY
RETENTION
OF
CERTAIN
REGULA-
TIONS.—
‘‘(1) IN GENERAL.—Except as otherwise provided in
this subsection, the regulations issued by the Farm
Credit Administration before the date of the enact-
ment of this Act [Jan. 6, 1988] under provisions
amended by this Act shall remain in effect, notwith-
standing such amendments, until the Farm Credit
Administration issues regulations to implement such
amendments, but in no event later than 180 days after
such date of enactment.
‘‘(2) CERTAIN REGULATIONS RELATING TO BORROWERS’
RIGHTS.—The regulations implementing, interpreting,
or applying part C of title IV (12 U.S.C. 2201 et seq.)
[12 U.S.C. 2199 et seq.] (other than section 4.13(a) [12
U.S.C. 2199(a)]) (in effect immediately before the date
of the enactment of this Act), to the extent that such
regulations are not contrary to this Act and the
amendments made by this Act, shall remain in effect
until January 1, 1989.
‘‘(3) REGULATIONS RELATING TO DISCLOSURE BY BANKS
AND
ASSOCIATIONS.—Any regulation issued or ap-
proved by the Farm Credit Administration that im-
plements, interprets, or applies section 4.13(a) (12
U.S.C. 2201(a) [12 U.S.C. 2199(a)]) (in effect imme-
diately before the date of the enactment of this Act)
shall remain in effect for 120 days after such date of
enactment.’’
REPEALS
Pub. L. 92–181, which enacted this chapter, represents
a complete rewriting of the farm credit laws and a fun-
damental reworking of the statutory basis for the farm
credit system. In connection with such reworking of
material, the existing statutory provisions covering
this area were repealed and their substance revised, re-
enacted, and expanded by Pub. L. 92–181.
The repealed provisions constituted the bulk of chap-
ter 7 of this title. Pub. L. 92–181, § 5.40(a), formerly
§ 5.26(a), Dec. 10, 1971, 85 Stat. 624, renumbered § 5.40(a),
by Pub. L. 99–205, title II, § 205(a)(2), Dec. 23, 1985, 99
Stat. 1703, enumerated the repealed statutes as follows:
The Federal Farm Loan Act, as amended; section 2 of
the Act of March 10, 1924 (Public Numbered 35, Sixty-
eighth Congress, 43 Stat. 17), as amended; section 6 of
the Act of January 23, 1932 (Public Numbered 3, Sev-
enty-second Congress, 47 Stat. 14), as amended; the
Farm Credit Act of 1933, as amended; sections 29 and 40
of the Emergency Farm Mortgage Act of 1933; Act of
June 18, 1934 (Public Numbered 381, Seventy-third Con-
gress, 48 Stat. 983); Act of June 4, 1936 (Public Num-
bered 644, Seventy-fourth Congress, 49 Stat. 1461), as
amended; sections 5, 6, 20, 25(b) and 39 of the Farm
Credit Act of 1937, as amended; sections 601 and 602 of
the Act of September 21, 1944 (Public Law 425, Seventy-
eighth Congress, 58 Stat. 740, 741), as amended; sections
1, 2, 3, 4, 5, 6, 7, 8, 16, and 17(b) of the Farm Credit Act
of 1953, as amended; sections 2, 101, and 201(b) of the
Farm Credit Act of 1956.
SAVINGS PROVISION
Pub. L. 92–181, § 5.40(b), formerly § 5.26(b), Dec. 10, 1971,
85 Stat. 625, renumbered § 5.40(b), Pub. L. 99–205, title II,
§ 205(a)(2), Dec. 23, 1985, 99 Stat. 1703, provided that: ‘‘All
regulations of the Farm Credit Administration or the
institutions of the System and all charters, bylaws,
resolutions, stock classifications, and policy directives
issued or approved by the Farm Credit Administration,
and all elections held and appointments made under
the Acts repealed by subsection (a) of this section [see
Repeals note above] shall be continuing and remain
valid until superseded, modified, or replaced under the
authority of this Act [this chapter]. All stock, notes,
bonds, debentures, and other obligations issued under
the repealed acts shall be valid and enforceable upon
the terms and conditions under which they were issued,
including the pledge of collateral against which they
were issued, and all loans made and security or collat-
eral therefor held by, and all contracts entered into by,
institutions of the System shall remain enforceable ac-
cording to their terms unless and until modified in ac-
cordance with the provisions of this Act; it being the
purpose of this subsection to avoid disruption in the ef-
fective operation of the System by reason of said re-
peals.’’
SEPARABILITY
Pub. 92–181, § 5.42, formerly § 5.28, Dec. 10, 1971, 85 Stat.
625, renumbered § 5.42, Pub. L. 99–205, title II, § 205(a)(2),
Dec. 23, 1985, 99 Stat. 1703, provided that: ‘‘If any provi-
sion of this Act [this chapter], or the application there-
of to any persons or in any circumstances, is held in-
valid, the remainder of this Act and the application of
such provision to other persons or in other cir-
cumstances shall not be affected thereby.’’
REFERENCES TO EARLIER FARM CREDIT ACTS
Pub. L. 92–181, § 5.40(a), formerly § 5.26(a), Dec. 10, 1971,
85 Stat. 624, renumbered § 5.40(a), Pub. L. 99–205, title II,
§ 205(a)(2), Dec. 23, 1985, 99 Stat. 1703, provided in part
that: ‘‘All references in other legislation, State or Fed-
eral, rules and regulations of any agency, stock, con-
tracts, deeds, security instruments, bonds, debentures,
notes, mortgages and other documents of the institu-
tions of the System, to the Acts repealed hereby [see
Repeals note above], shall be deemed to refer to com-
parable provisions of this Act [this chapter].’’
RESERVATION OF RIGHT TO AMEND OR REPEAL
Pub. 92–181, § 5.43, formerly § 5.29, Dec. 10, 1971, 85 Stat.
625, renumbered § 5.43, Pub. L. 99–205, title II, § 205(a)(2),
Dec. 23, 1985, 99 Stat. 1703, provided that: ‘‘The right to
alter, amend, or repeal any provision or all of this Act
[this chapter] is expressly reserved.’’
STUDY
ON DEMAND
FOR
AND AVAILABILITY
OF CREDIT
IN RURAL AREAS
FOR AGRICULTURE, HOUSING, AND
RURAL DEVELOPMENT
Pub. L. 104–127, title VI, § 650, Apr. 4, 1996, 110 Stat.
1105, provided that:
‘‘(a) IN GENERAL.—The Secretary of Agriculture shall
conduct a study and report to the Committee on Agri-
Page 1285
TITLE 12—BANKS AND BANKING
§ 2002
culture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the
Senate on the demand for and availability of credit in
rural areas for agriculture, housing, and rural develop-
ment.
‘‘(b) PURPOSE.—The purpose of the study shall be to
ensure that Congress has current and comprehensive
information to consider as Congress deliberates on
rural credit needs and the availability of credit to sat-
isfy the needs of rural areas of the United States.
‘‘(c) ITEMS IN STUDY.—In conducting the study, the
Secretary shall base the study on the most current
available data and analyze—
‘‘(1) rural demand for credit from the Farm Credit
System, the ability of the Farm Credit System to
meet the demand, and the extent to which the Farm
Credit System provides loans to satisfy the demand;
‘‘(2) rural demand for credit from the United States
banking system, the ability of banks to meet the de-
mand, and the extent to which banks provide loans to
satisfy the demand;
‘‘(3) rural demand for credit from the Secretary, the
ability of the Secretary to meet the demand, and the
extent to which the Secretary provides loans to sat-
isfy the demand;
‘‘(4) rural demand for credit from other Federal
agencies, the ability of the agencies to meet the de-
mand, and the extent to which the agencies provide
loans to satisfy the demand;
‘‘(5) what measure or measures exist to gauge the
overall demand for rural credit, the extent to which
rural demand for credit is satisfied, and what the
measures have demonstrated;
‘‘(6) a comparison of the interest rates and terms
charged by the Farm Credit System Farm Credit
Banks, production credit associations, and banks for
cooperatives with the rates and terms charged by the
banks of the United States for credit of comparable
risk and maturity;
‘‘(7) the advantages and disadvantages of the mod-
ernization and expansion proposals of the Farm Cred-
it System on the Farm Credit System, the United
States banking system, rural users of credit, local
rural communities, and the Federal Government, in-
cluding—
‘‘(A) any added risk to the safety and soundness
of the Farm Credit System that may result from
approval of a proposal; and
‘‘(B) any positive or adverse impacts on competi-
tion between the Farm Credit System and the
banks of the United States in providing credit to
rural users;
‘‘(8) the nature and extent of the unsatisfied rural
credit need that the Farm Credit System proposals
are supposed to address and what aspects of the
present Farm Credit System prevent the Farm Credit
System from meeting the need;
‘‘(9) the advantages and disadvantages of the pro-
posal by commercial bankers to allow banks access
to the Farm Credit System as a funding source on the
Farm Credit System, the United States banking sys-
tem, rural users of credit, local rural communities,
and the Federal Government, including—
‘‘(A) any added risk to the safety and soundness
of the Farm Credit System that may result from
approval of the proposal; and
‘‘(B) any positive or adverse impacts on competi-
tion between the Farm Credit System and the
banks of the United States in providing credit to
rural users; and
‘‘(10) problems that commercial banks have in ob-
taining capital for lending in rural areas, how access
to Farm Credit System funds would improve the
availability of capital in rural areas in ways that
cannot be achieved in the system in existence on the
date of enactment of this Act [Apr. 4, 1996], and the
possible effects on the viability of the Farm Credit
System of granting banks access to Farm Credit Sys-
tem funds.
‘‘(d) INTERAGENCY TASK FORCE.—In completing the
study, the Secretary shall use, among other things,
data and information obtained by the interagency task
force on rural credit.’’
GAO STUDY OF RURAL CREDIT COST AND AVAILABILITY
Pub. L. 101–624, title XVIII, § 1842, Nov. 28, 1990, 104
Stat. 3835, directed Comptroller General of the United
States to conduct a study relating to cost and avail-
ability of credit in rural America and, not later than 2
years after Nov. 28, 1990, submit a report to Committee
on Agriculture of House of Representatives and Com-
mittee on Agriculture, Nutrition, and Forestry of Sen-
ate.
AUTHORIZATION
OF
APPROPRIATIONS
FOR
NATIONAL
COMMISSION
ON
AGRICULTURAL
FINANCE
AND
NA-
TIONAL COMMISSION ON AGRICULTURE AND RURAL DE-
VELOPMENT POLICY
Pub. L. 100–71, title V, § 519(b), July 11, 1987, 101 Stat.
475, authorized and appropriated (1) for National Com-
mission on Agricultural Finance established under sec-
tion 501 of Pub. L. 99–205, $100,000, to remain available
until expended, and (2) for National Commission on Ag-
riculture and Rural Development [Policy] established
under section 5002 of this title, $100,000, to remain
available until expended.
LOAN REVIEW BY LOCAL LENDING INSTITUTIONS
Pub. L. 99–205, title III, § 307, Dec. 23, 1985, 99 Stat.
1709, required each local lending institution of Farm
Credit System established under this chapter to (1) re-
view each loan that had been placed in non-accrual sta-
tus by such institution to determine whether such loan
could be restructured based on changes in cir-
cumstances of such institution as the result of this Act
and the amendments made by this Act, and (2) notify
in writing borrower of each such loan of provisions of
this section.
NATIONAL COMMISSION ON AGRICULTURAL FINANCE
Pub. L. 99–205, title V, § 501, Dec. 23, 1985, 99 Stat. 1710,
directed President to appoint a National Commission
on Agricultural Finance, comprised of 15 members, rep-
resenting the financial community, the agricultural
sector, and government, to conduct a study of methods
to ensure availability of adequate credit to agricultural
producers and agribusiness, taking into account long-
term financing needs of agricultural economy, roles of
commercial banks, Farm Credit System, and Farmers
Home Administration in meeting those financial needs,
with the Commission, in conducting such study, to (1)
evaluate financial circumstances relative to both lend-
ers and borrowers of farm credit, (2) evaluate structure,
performance, and conduct of private lenders—commer-
cial bankers and Farm Credit System—and public lend-
ers, (3) explore need for long-term assistance in stabi-
lizing value of agricultural assets, and (4) evaluate ef-
fect on suppliers, producers, processors, and local com-
munities when financial institutions fail, and not later
than Dec. 23, 1986, to submit to Congress a report con-
taining results of study, together with comments and
recommendations for legislation providing for a sound,
reasonable, and primarily self-supporting credit pro-
gram for farmers and ranchers as Commission considers
appropriate.
§ 2002. Farm Credit System
(a) Composition
The Farm Credit System shall include the
Farm Credit Banks, the bank for cooperatives,
Agricultural Credit Banks, the Federal Land
Bank Associations, the Federal Land Credit As-
sociations, the Production Credit Associations,
the agricultural credit associations, the Federal
Farm Credit Banks Funding Corporation, the
Federal
Agricultural
Mortgage
Corporation,
service corporations established pursuant to sec-
tion 2211 of this title, and such other institu-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### 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.
**(a) Voluntary liquidation; consent of Farm Credit Administration; rules and regulations; minimization of adverse effect; voluntary merger; mandatory merger on failure to comply or meet obligations** No institution of the System shall go into voluntary liquidation without the consent of the Farm Credit Administration and with such consent may liquidate only in accordance with regulations prescribed by the Farm Credit Administration. In the case of a voluntary liquidation of an association, such regulations, among other things, shall direct the supervising bank to institute such measures as it deems appropriate to minimize the adverse effect of the liquidation on those borrowers whose loans are purchased by or otherwise transferred to another System institution. The Farm Credit Administration Board may require an association to merge with another association whenever it determines, with the concurrence of the board of the supervising bank, that an association has failed to meet its outstanding obligations or failed to conduct its operations in accordance with this chapter.
**(b) Appointment of conservator or receiver; grounds; action for removal; stay of actions or proceedings** The Farm Credit Administration Board may appoint a conservator or receiver for any System institution on the determination by the Farm Credit Administration Board that one or more of the following exists, or is occurring, with respect to the institution: (1) insolvency, in that the assets of the institution are less than its obligations to its creditors and others, including its members; (2) substantial dissipation of assets or earnings due to any violation of law, rules, or regulations, or to any unsafe or unsound practice; (3) an unsafe or unsound condition to transact business; (4) willful v
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 2199. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2199. Disclosure
(a) In general
In accordance with regulations of the Farm
Credit Administration, qualified lenders shall
provide to borrowers, for all loans that are not
subject to the Truth in Lending Act (15 U.S.C.
1601 et seq.), meaningful and timely disclosure
not later than the time of the loan closing, of—
(1) the current rate of interest on the loan;
(2) in the case of an adjustable or variable
rate loan, the amount and frequency by which
the interest rate can be increased during the
term of the loan or, if there are no such limi-
tations, a statement to that effect, and the
factors (including the cost of funds, operating
expenses, and provision for loan losses) that
will be taken into account by the qualified
lender in determining adjustments to the in-
terest rate;
(3) the effect, as shown by a representative
example or examples, of any loan origination
charges or purchases of stock or participation
certificates on the effective rate of interest;
(4) any change in the interest rate applicable
to the borrower’s loan, and notice to the bor-
rower of a change in the interest rate applica-
ble to the loan of the borrower may be made
within a reasonable time after the effective
date of an increase or decrease in the interest
rate;
(5) except with respect to stock guaranteed
under section 2162 of this title, a statement in-
dicating that stock that is purchased is at
risk; and
(6) a statement indicating the various types
of loan options available to borrowers, with an
explanation of the terms and borrowers’ rights
that apply to each type of loan.
(b) Differential interest rates
A qualified lender offering more than one rate
of interest to borrowers shall, at the request of
a borrower of a loan—
(1) provide a review of the loan t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 2199. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In accordance with regulations of the Farm Credit Administration, qualified lenders shall provide to borrowers, for all loans that are not subject to the Truth in Lending Act ([15 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1601&num=0&edition=prelim) et seq.), meaningful and timely disclosure not later than the time of the loan closing, of—
(1) the current rate of interest on the loan;
(2) in the case of an adjustable or variable rate loan, the amount and frequency by which the interest rate can be increased during the term of the loan or, if there are no such limitations, a statement to that effect, and the factors (including the cost of funds, operating expenses, and provision for loan losses) that will be taken into account by the qualified lender in determining adjustments to the interest rate;
(3) the effect, as shown by a representative example or examples, of any loan origination charges or purchases of stock or participation certificates on the effective rate of interest;
(4) any change in the interest rate applicable to the borrower’s loan, and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate;
(5) except with respect to stock guaranteed under [section 2162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2162&num=0&edition=prelim), a statement indicating that stock that is purchased is at risk; and
(6) a statement indicating the various types of loan options available to borrowers, with an explanation of the terms and borrowers’ rights that apply to each type of loan.
**(b) Differential interest r
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 2201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2201. Notice of action on application
(a) Loan applications
Each qualified lender to which a person has
applied for a loan shall provide the person with
prompt written notice of—
(1) the action on the application;
(2) if the loan applied for is reduced or de-
nied, the reasons for such action; and
(3) the applicant’s right to review under sec-
tion 2202 of this title.
(b) Distressed loans
Each qualified lender that has a distressed
loan outstanding that is subject to restructuring
requirements under this chapter shall provide,
in accordance with regulations prescribed by the
Farm Credit Administration, the borrower with
prompt written notice of—
(1) any action taken with respect to restruc-
turing the loan under section 2202a of this
title;
(2) if restructuring is denied, the reasons for
such action; and
(3) the borrower’s right to review under sec-
tion 2202 of this title.
(Pub. L. 92–181, title IV, § 4.13B, formerly § 4.13,
Dec. 10, 1971, 85 Stat. 613, renumbered § 4.13B and
amended Pub. L. 99–205, title III, §§ 301(a), 302,
Dec. 23, 1985, 99 Stat. 1707, 1708; Pub. L. 100–233,
title I, § 105, Jan. 6, 1988, 101 Stat. 1579.)
Editorial Notes
AMENDMENTS
1988—Pub. L. 100–233 amended section generally. Prior
to amendment, section read as follows: ‘‘Every appli-
cant for a loan from an institution of the System shall
be entitled to prompt written notice of action on his
application, and, if the loan applied for is reduced or
denied, the reason for such action, and of the appli-
cant’s right to review under section 2202 of this title.’’
1985—Pub. L. 99–205, § 302, provided for a ‘‘written’’ no-
tice and for the applicant’s right to review under sec-
tion 2202 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDME
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 2201. This identifies an authority to review, not proof of applicability.