- § 9812. Development loan fund
- § 9812a. Interest rates payable on certain rural development loans; assignment of loan contracts
- § 9813. Model Community Economic Development Finance Corporation; establishment; functions
§ 9812. Development loan fund
(a) Authorities, scope, and purposes; conditions; interest rate; repayment
The Secretary is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this subchapter, to private nonprofit organizations receiving assistance under chapter 106 of this title, or to public and private nonprofit organizations or agencies, for business facilities and community development projects, including community development credit unions, which the Secretary determines will carry out the purposes of this part. No loans, guarantees, or other financial assistance shall be provided under this section unless the Secretary determines that—
(1) there is reasonable assurance of repayment of the loan;
(2) the loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and
(3) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made.
Loans made by the Secretary pursuant to this section shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge, if any, toward covering other costs of the program as the Secretary of Health and Human Services may determine to be consistent with its purposes, except that, for the 5 years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Secretary in light of the particular needs of the borrower, which rate shall not be lower than 1 percent. All such loans shall be repayable within a period of not more than 30 years.
(b) Adjustment of interest rates, moratorium on principal and interest, etc.
(c) Establishment, funding, etc.
(1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended.
(2) The Rural Development Loan Fund shall consist of the remaining funds provided for in part A of title III of the Economic Opportunity Act of 1964 [42 U.S.C. 2841 et seq.], as in effect on September 19, 1972, and such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for purposes of carrying out this part. The Secretary shall utilize the services of the Farmers Home Administration,1
1 So in original. The comma probably should not appear.
or the Rural Development Administration in administering such fund.(3) The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for purposes of carrying out this subchapter. The Secretary may make deposits in the Community Development Loan Fund in any fiscal year in which the Secretary has made available for grants to community development corporations under this subchapter not less than $60,000,000 out of funds made available from appropriations for purposes of carrying out this subchapter.
(Pub. L. 97–35, title VI, § 623, Aug. 13, 1981, 95 Stat. 494; Pub. L. 101–624, title XXIII, § 2303(f)(1), Nov. 28, 1990, 104 Stat. 3981.)
§ 9812a. Interest rates payable on certain rural development loans; assignment of loan contracts
(a) Modification of interest rates
Notwithstanding any other provision of law—
(1) any outstanding loan made after December 31, 1982, by the Secretary of Health and Human Services; or
(2) any loan made after September 30, 1986;
with moneys from the Rural Development Loan Fund established by section 9812(c)(1) of this title or with funds available (before October 27, 1998) under section 9910(a) of this title (as in effect before October 27, 1998) to an intermediary borrower shall bear interest at a fixed rate equal to the rate of interest that was in effect on the date of issuance for loans made in 1980 with such moneys or such funds if the weighted average rate of interest for all loans made after December 31, 1982, by such intermediary borrower with such moneys or such funds does not exceed the sum of 6 percent and the rate of interest payable under this subsection by such intermediary borrower.
(b) Assignment of certain loan contracts
Any contract for a loan made during the period beginning on December 31, 1982, and ending on September 30, 1986, with—
(1) moneys from the Rural Development Loan Fund established by section 9812(c)(1) of this title; or
(2) funds available (before October 27, 1998) under section 9910(a) of this title (as in effect before October 27, 1998);
to an intermediary borrower that is a county government may be assigned by such borrower to an entity to which such loan could have been made for the purpose for which such contract was made. Any entity to which such contract is so assigned shall be substituted as a party to such contract and shall be obligated to carry out such contract and the purpose for which such contract was made.
(Pub. L. 99–425, title IV, § 407(a), (b), Sept. 30, 1986, 100 Stat. 971; Pub. L. 105–285, title II, § 202(c), Oct. 27, 1998, 112 Stat. 2755.)
§ 9813. Model Community Economic Development Finance Corporation; establishment; functions
To the extent he deems appropriate, the Secretary shall utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this subchapter.
(Pub. L. 97–35, title VI, § 624, Aug. 13, 1981, 95 Stat. 495.)