Notes on 7 U.S.C. § 1932 : US Code - Notes

Search Notes on 7 U.S.C. § 1932 : US Code - Notes

(Pub. L. 87-128, title III, Sec. 310B, as added Pub. L. 92-419,
title I, Sec. 118(a), Aug. 30, 1972, 86 Stat. 663; amended Pub. L.
91-524, title VIII, Sec. 817, as added Pub. L. 93-86, Sec.
1(27)(B), Aug. 10, 1973, 87 Stat. 241; Pub. L. 95-113, title XV,
Sec. 1503(b), Sept. 29, 1977, 91 Stat. 1021; Pub. L. 95-334, title
I, Sec. 112, Aug. 4, 1978, 92 Stat. 424; Pub. L. 96-358, Sec. 5,
Sept. 25, 1980, 94 Stat. 1187; Pub. L. 96-438, Sec. 1(2), Oct. 13,
1980, 94 Stat. 1871; Pub. L. 99-409, Sec. 2, Aug. 28, 1986, 100
Stat. 923; Pub. L. 100-203, title I, Sec. 1504, Dec. 22, 1987, 101
Stat. 1330-28; Pub. L. 101-624, title XXIII, Secs. 2325, 2337,
2347, formerly 2347(a), 2386, 2388(b), (c), Nov. 28, 1990, 104
Stat. 4013, 4022, 4034, 4051, 4052; Pub. L. 102-237, title VII,
Sec. 701(c), (h)(1)(C), (D), Dec. 13, 1991, 105 Stat. 1879, 1880;
Pub. L. 102-552, title V, Sec. 516(d), Oct. 28, 1992, 106 Stat.
4137; Pub. L. 102-554, Sec. 6, Oct. 28, 1992, 106 Stat. 4144; Pub.
L. 104-127, title VI, Secs. 635(b), 661(d), title VII, Secs.
705(1), 747(a), 759B, Apr. 4, 1996, 110 Stat. 1093, 1107, 1112,
1125, 1138; Pub. L. 104-180, title VII, Sec. 731, Aug. 6, 1996, 110
Stat. 1600; Pub. L. 107-171, title VI, Secs. 6007(b), 6013-6017,
May 13, 2002, 116 Stat. 355, 358, 359.)
REFERENCES IN TEXT                        
The Federal Nonnuclear Energy Research and Development Act of
1974, as amended, referred to in subsec. (a), is Pub. L. 93-577,
Dec. 31, 1974, 88 Stat. 1878, as amended, which is classified
generally to chapter 74 (Sec. 5901 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 5901 of Title 42
and Tables.
For definition of "this chapter", referred to in subsec. (d)(5),
(7), see note set out under section 1921 of this title.
Title V of the Housing Act of 1949, referred to in subsec.
(d)(7), is title V of act July 15, 1949, ch. 338, 63 Stat. 432, as
amended, which is classified generally to subchapter III (Sec. 1471
et seq.) of chapter 8A of Title 42, The Public Health and Welfare.
For complete classification of this Act to the code, see References
in Text note set out under section 1441 of Title 42 and Tables.
CODIFICATION                           
In subsec. (d)(7), "chapter 11 of title 31" substituted for "the
Budget and Accounting Act of 1921 [31 U.S.C. 1 et seq.]" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
AMENDMENTS                            
2002 - Subsec. (a)(3). Pub. L. 107-171, Sec. 6013, inserted "and
other renewable energy systems (including wind energy systems and
anaerobic digestors for the purpose of energy generation)" after
"solar energy systems".
Subsec. (c)(1). Pub. L. 107-171, Sec. 6014, substituted "Grants"
for "In general" in heading, designated existing provisions as
subpar. (A) and inserted heading, and added subpar. (B).
Subsec. (e)(5)(F). Pub. L. 107-171, Sec. 6015(1), inserted ",
except that the Secretary shall not require non-Federal financial
support in an amount that is greater than 5 percent in the case of
a 1994 institution (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382))" before period at end.
Subsec. (e)(9). Pub. L. 107-171, Sec. 6015(2), substituted "2007"
for "2002".
Subsec. (f)(3). Pub. L. 107-171, Sec. 6016, added par. (3).
Subsec. (g). Pub. L. 107-171, Sec. 6017, added subsec. (g) and
struck out heading and text of former subsec. (g). Text read as
follows:
"(1) Definition of farmer. - In this subsection, the term
'farmer' means any farmer that the Secretary determines is a family
farmer.
"(2) Loan guarantees. - The Secretary may guarantee loans under
this section to individual farmers for the purpose of purchasing
start-up capital stock of a farmer cooperative established for the
purpose of processing an agricultural commodity.
"(3) Eligibility. - To be eligible for a loan guarantee under
this subsection, a farmer must produce the agricultural commodity
that will be processed by the cooperative."
Subsec. (h). Pub. L. 107-171, Sec. 6007(b), added subsec. (h).
1996 - Subsec. (a). Pub. L. 104-127, Sec. 747(a)(1), in first
sentence, struck out "and" before "(3)" and inserted before period
at end ", and (4) to facilitate economic opportunity for industries
undergoing adjustment from terminated Federal agricultural price
and income support programs or increased competition from foreign
trade".
Pub. L. 104-127, Sec. 635(b), in third sentence, substituted "(4)
of" for "(3) of".
Subsec. (b). Pub. L. 104-127, Sec. 747(a)(2), inserted heading,
redesignated par. (2) as subsec. (b), struck out "(2)" before "The
Secretary", and struck out par. (1) which read as follows:
"Secretary may make grants, not to exceed $50,000,000 annually, to
eligible applicants under this section for pollution abatement and
control projects in rural areas. No such grant shall exceed 50 per
centum of the development cost of such a project."
Subsec. (c). Pub. L. 104-127, Sec. 747(a)(3), inserted heading,
in par. (1), inserted par. heading and inserted "(including
nonprofit entities)" after "private business enterprises", in par.
(2), inserted par. heading and substituted "award grants on a
competitive basis" for "make grants", and added par. (3).
Subsec. (d)(2) to (4). Pub. L. 104-127, Sec. 661(d)(1),
substituted "provision of this section" for "provision of this
section and sections 1924(b) and 1942(b) of this title".
Subsec. (d)(6). Pub. L. 104-127, Sec. 661(d)(2), substituted
"this section" for "this section, section 1924 of this title, or
section 1942 of this title".
Subsec. (e). Pub. L. 104-127, Sec. 747(a)(4), added subsec. (e)
and struck out former subsec. (e) which authorized the insuring or
guaranteeing of loans for the purpose of constructing or improving
subterminal facilities.
Subsec. (e)(2). Pub. L. 104-180 amended Pub. L. 104-127, Sec.
747(a)(4), which enacted subsec. (e), to insert "effective October
1, 1996," after "The Secretary shall make grants" in par. (2).
Subsec. (f). Pub. L. 104-127, Sec. 759B, added par. (1),
redesignated existing provisions as par. (2), and added par.
heading.
Pub. L. 104-127, Sec. 747(a)(5), (6), redesignated subsec. (j) as
(f) and struck out former subsec. (f) which authorized grants to
nonprofit institutions for the purpose of establishing and
operating centers for rural technology or cooperative development.
See subsec. (e) of this section.
Pub. L. 104-127, Sec. 705(1), made technical amendment to
directory language of Pub. L. 101-624, Sec. 2347(a). See 1990
Amendment note below.
Subsec. (g). Pub. L. 104-127, Sec. 747(a)(5), (7), added subsec.
(g) and struck out former subsec. (g) which read as follows: "In
carrying out subsection (f) of this section, the Secretary may
provide technical assistance to alleviate or prevent conditions of
excessive unemployment or underemployment of persons residing in
economically distressed rural areas that the Secretary determines
have a substantial need for such assistance. Such assistance shall
include planning and feasibility studies, management and
operational assistance, and studies evaluating the needs for
development potential of projects that increase employment and
improve economic growth in such areas."
Pub. L. 104-127, Sec. 705(1), made technical amendment to
directory language of Pub. L. 101-624, Sec. 2347(a). See 1990
Amendment note below.
Subsec. (h). Pub. L. 104-127, Sec. 747(a)(5), struck out subsec.
(h) which read as follows: "The Secretary may make grants to defray
not to exceed 75 percent of the administrative costs incurred by
organizations and public bodies to carry out projects for which
grants or loans are made under subsection (f) of this section. For
purposes of determining the non-Federal share of such costs, the
Secretary shall consider contributions in cash and in kind, fairly
evaluated, including but not limited to premises, equipment, and
services."
Pub. L. 104-127, Sec. 705(1), made technical amendment to
directory language of Pub. L. 101-624, Sec. 2347(a). See 1990
Amendment note below.
Subsec. (i). Pub. L. 104-127, Sec. 747(a)(5), struck out subsec.
(i) which authorized making of loans at low interest rates and at
market rates to 1 or more businesses, local governments, or public
agencies in rural areas to fund facilities in which recipients of
such loans share telecommunications terminal equipment, computers,
computer software, and computer hardware.
Subsec. (j). Pub. L. 104-127, Sec. 747(a)(6), redesignated
subsec. (j) as (f).
1992 - Subsec. (c). Pub. L. 102-554 designated existing
provisions as par. (1) and added par. (2).
Pub. L. 102-552, which directed the substitution of "business
enterprises or the creation, expansion, and operation of rural
distance learning networks or rural learning programs that provide
educational instruction or job training instruction related to
potential employment or job advancement to adult students," for
"business enterprises," in section 310B(c) without specifying the
name of the act, was executed to this section, which is section
310B of the Consolidated Farm and Rural Development Act, to reflect
the probable intent of Congress.
1991 - Subsec. (d)(5), (7). Pub. L. 102-237, Sec. 701(h)(1)(C),
(D), substituted "this chapter" for "this Act".
Subsec. (f)(4). Pub. L. 102-237, Sec. 701(c)(3), (4),
redesignated par. (4), relating to grants to statewide private
nonprofit public television systems, as subsec. (j), and
transferred such provision to follow subsec. (i).
Subsec. (i)(2)(B)(iv). Pub. L. 102-237, Sec. 701(c)(1),
substituted "(iii) of this subparagraph" for "(ii) of this
subsection".
Subsec. (i)(5)(A). Pub. L. 102-237, Sec. 701(c)(2), inserted
closing parenthesis after "section 2008(b)(3) of this title".
Subsec. (j). Pub. L. 102-237, Sec. 701(c)(3)-(5), redesignated
subsec. (f)(4), relating to grants to statewide private nonprofit
public television systems, as subsec. (j), transferred such
provision to follow subsec. (i), and inserted heading.
1990 - Subsec. (a). Pub. L. 101-624, Sec. 2388(b), substituted
"paragraphs (1) and (3)" for "subsections (a) and (c)".
Subsec. (b). Pub. L. 101-624, Sec. 2325, designated existing
provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 101-624, Sec. 2388(c), designated first par.
and and pars. (1) to (6) as (1) to (7), respectively, substituted
"paragraphs (2) and (3)" for "paragraph (1) and (2)" in par. (4),
and realigned margins of pars. (5) to (7).
Subsec. (f). Pub. L. 101-624, Sec. 2386, added par. (4) relating
to grants to statewide private nonprofit public television systems.
Pub. L. 101-624, Sec. 2347, formerly Sec. 2347(a), as renumbered
by Pub. L. 104-127, Sec. 705(1), added subsec. (f) and struck out
former subsec. (f) which read as follows:
"(1) The Secretary may make grants under this subsection to
public and nonprofit private institutions for the purpose of
enabling them to establish and operate centers of rural technology
development that have, as a primary objective, the improvement of
the economic condition of rural areas by promoting the development
(through technological innovation and adaptation of existing
technology) and commercialization of (A) new products that can be
produced in rural areas, and (B) new processes that can be used in
such production.
"(2) Grants under this subsection may be made on a competitive
basis. In making grants, the Secretary shall give preference to
applicants that will establish centers for rural technology in
areas that have (A) few industries and agribusinesses, (B) high
levels of unemployment, (C) high rates of out-migration of people,
business, and industries, and (D) low levels of per capita income.
"(3) If grants are to be made under this subsection, the
Secretary shall issue regulations implementing this subsection that
shall include provisions for the monitoring and evaluation of the
rural technology development activities carried out by institutions
that receive grants under this subsection."
Subsecs. (g), (h). Pub. L. 101-624, Sec. 2347, formerly Sec.
2347(a), as renumbered by Pub. L. 104-127, Sec. 705(1), added
subsecs. (g) and (h).
Subsec. (i). Pub. L. 101-624, Sec. 2337, added subsec. (i).
1987 - Subsec. (c). Pub. L. 100-203 inserted "and private
nonprofit corporations" after "to public bodies" and substituted
"to finance and facilitate development of small and emerging" for
"to facilitate development of".
1986 - Subsec. (a). Pub. L. 99-409, Sec. 2(1), inserted provision
that no loan may be made, insured, or guaranteed under this
subsection that exceeds $25,000,000 in principal amount.
Subsec. (f). Pub. L. 99-409, Sec. 2(2), added subsec. (f).
1980 - Subsec. (a). Pub. L. 96-438 authorized the Secretary to
make and insure loans for the purpose of reducing the reliance on
nonrenewable energy resources by encouraging the development and
construction of solar energy systems, including the modification of
existing systems, in rural areas and defined term "solar energy",
for purposes of subsection (a) of this section, as meaning energy
derived from sources, other than fossil fuels, and technologies
included in the Federal Nonnuclear Energy Research and Development
Act of 1974, as amended.
Subsec. (e). Pub. L. 96-358 added subsec. (e).
1978 - Subsec. (d)(1), (2). Pub. L. 95-334, Sec. 112(1), inserted
exception for assistance less than $1,000,000, or where direct
employment will not be increased by more than 50 employees.
Subsec. (d)(3). Pub. L. 95-334, Sec. 112, inserted exception for
assistance less than $1,000,000, or where direct employment will
not be increased by more than 50 employees and substituted "30" for
"60".
1977 - Subsec. (a). Pub. L. 95-113 inserted reference to the
conservation, development, and utilization of water for aquaculture
purposes and inserted definition of "aquaculture".
1973 - Subsec. (d)(4) to (6). Pub. L. 91-524, Sec. 817, as added
by Pub. L. 93-86, added pars. (4) to (6).
EFFECTIVE DATE OF 1996 AMENDMENT                 
Section 731 of Pub. L. 104-180 provided in part: "That this
section [amending this section] shall take effect upon enactment of
this Act into law [Aug. 6, 1996]."
EFFECTIVE DATE OF 1991 AMENDMENT                 
Amendment by section 701(c) of Pub. L. 102-237 effective as if
included in the provision of the Food, Agriculture, Conservation,
and Trade Act of 1990, Pub. L. 101-624, to which the amendment
relates, and amendment by section 701(h)(1)(C), (D) of Pub. L. 102-
237 to any provision specified therein effective as if included in
Act that added provision so specified at the time such Act became
law, see section 1101(b)(6), (c) of Pub. L. 102-237, set out as a
note under section 1421 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT                 
Section 2(2) of Pub. L. 99-409 provided that the amendment made
by that section is effective Oct. 1, 1986.
EFFECTIVE DATE OF 1980 AMENDMENT                 
Amendment by Pub. L. 96-358 effective Oct. 1, 1980, see section 6
of Pub. L. 96-358, set out as an Effective Date note under section
3701 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT                 
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1901 of Pub. L. 95-113, set out as a note under section 1307 of
this title.
TRANSFER OF FUNCTIONS                       
Powers, duties, and assets of agencies, offices, and other
entities within Department of Agriculture relating to rural
development functions under this section and under section 1323 of
Pub. L. 99-198, set out as a note below, transferred to Rural
Development Administration by section 2302(b) of Pub. L. 101-624.
BUSINESS DEVELOPMENT                       
Section 2336 of Pub. L. 101-624 provided that: "The purposes of
this chapter [chapter 2 (Secs. 2336, 2337) of subtitle D of title
XXIII of Pub. L. 101-624, amending this section] are to - 
"(1) provide funds to improve telecommunications service in
rural areas; and
"(2) provide access to advanced telecommunications services and
computer networks to improve job opportunities and the business
environment in rural areas."
GUARANTEE BY SECRETARY OF AGRICULTURE OF LOANS TO NONPROFIT
NATIONAL RURAL DEVELOPMENT AND FINANCE CORPORATIONS
Pub. L. 99-198, title XIII, Sec. 1323, Dec. 23, 1985, 99 Stat.
1534, as amended by Pub. L. 99-425, title IV, Sec. 407(c), Sept.
30, 1986, 100 Stat. 971; Pub. L. 99-500, Sec. 101(a) [title VI,
Sec. 641], Oct. 18, 1986, 100 Stat. 1783, 1783-35, and Pub. L. 99-
591, Sec. 101(a) [title VI, Sec. 641], Oct. 30, 1986, 100 Stat.
3341, 3341-35; Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 636],
Dec. 22, 1987, 101 Stat. 1329-322, 1329-357, provided that:
"(a)(1) Prior to September 30, 1988, the Secretary of Agriculture
(hereafter in this section referred to as the 'Secretary') shall
guarantee loans made by public agencies or private organizations
(including loans made by financial institutions such as insurance
companies) to nonprofit national rural development and finance
corporations that establish similar and affiliated statewide rural
development and finance programs for the purpose of providing
loans, guarantees, and other financial assistance to profit or
nonprofit local businesses to improve business, industry, and
employment opportunities in a rural area (as determined by the
Secretary).
"(2) To be eligible to obtain a loan guarantee under this
subsection, a corporation must - 
"(A) demonstrate to the Secretary the ability of the
corporation to administer a national revolving rural development
loan program;
"(B) be prepared to commit financial resources under the
control of the corporation to the establishment of affiliated
statewide rural development and finance programs; and
"(C) have secured commitments of significant financial support
from public agencies and private organizations for such
affiliated statewide programs.
"(3) A national rural development and finance corporation
receiving a loan guarantee under this subsection shall base a
determination to establish an affiliated statewide program in large
part on the willingness of States and private organizations to
sponsor and make funds available to such program.
"(4) Notwithstanding any other provision of law, for the fiscal
year ending September 30, 1986, of the amounts available to
guarantee loans in accordance with section 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932) from the Rural
Development Insurance Fund, $20,000,000 shall be used by the
Secretary to guarantee loans under the national rural development
and finance program established under this subsection, to remain
available until expended.
"(5) Notwithstanding any provision to the contrary of subsection
(4) above, the $20,000,000 which was available pursuant to
subsection (4) shall continue to be available and shall be used by
the Secretary prior to September 30, 1988, to guarantee loans for
the national rural development and finance program and shall remain
available until expended.
"(b)(1) Prior to September 30, 1988, the Secretary shall make
grants, from funds transferred under paragraph (2), to national
rural development and finance corporations for the purpose of
establishing a rural development program to provide financial and
technical assistance to compliment [sic] the loan guarantees made
or to be made to such corporations under subsection (a).
"(2) All funds in, appropriated to, or repaid to the Rural
Development Loan Fund, including those on deposit and available
upon date of enactment [Dec. 23, 1985], under sections 623 and 633
[42 U.S.C. 9812, 9822] of the Community Economic Development Act of
1981 (42 U.S.C. 9801 et seq.) shall be transferred to the Secretary
provided that - 
"(A) all funds on deposit and available on date of enactment
shall be used for the purpose of making grants under paragraph
(1) and shall remain available until expended;
"(B) notwithstanding any other provision of law, all loans to
intermediary borrowers made prior to date of enactment, shall
upon date of enactment, for the life of such loan, bear a rate of
interest not to exceed that in effect upon the date of issuance
of such loans; and
"(C) notwithstanding paragraph (1), all funds other than funds
to which subparagraph (A) applies shall be used by the Secretary
to make loans - 
"(i) to the entities;
"(ii) for the purposes; and
"(iii) subject to the terms and conditions;
specified in the first, second, and last sentences of section
623(a) of the Community Economic Development Act of 1981 (42
U.S.C. 9812(a)). For purposes of this subparagraph, any reference
in such sentences to the Secretary shall be deemed to be a
reference to the Secretary of Agriculture."
Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 641], Oct. 18, 1986,
100 Stat. 1783, 1783-35, and Pub. L. 99-591, Sec. 101(a) [title VI,
Sec. 641], Oct. 30, 1986, 100 Stat. 3341, 3341-35, provided in
part: "That such grant funds [probably means grant funds under
section 1323(b)(1) of Pub. L. 99-198, set out above] may be used by
such corporation to provide technical assistance and financial
assistance, including capitalizing revolving loan programs,
pursuant to the Act."
LIMITS ON GRANTS FOR FISCAL YEARS 1982, 1983, AND 1984      
Pub. L. 97-35, title I, Sec. 120, Aug. 13, 1981, 95 Stat. 367,
provided in part that, notwithstanding any other provision of law,
there was authorized to be appropriated for grants pursuant to
section 310B(c) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932) not to exceed: $5,007,000 for fiscal year 1982,
$5,280,000 for fiscal year 1983, and $5,553,000 for fiscal year
1984.
(!1) So in original. Probably should be "centers."