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Senate Bill 2890
118th Congress(2023-2024)
Producer and Agricultural Credit Enhancement Act of 2023
Introduced
Introduced
Introduced in Senate on Sep 21, 2023
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Introduced in Senate 
Sep 21, 2023
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Introduced in Senate(Sep 21, 2023)
Sep 21, 2023
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S. 2890 (Introduced-in-Senate)


118th CONGRESS
1st Session
S. 2890


To amend the Consolidated Farm and Rural Development Act to modify limitations on amounts of farm ownership loans and operating loans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

September 21, 2023

Mr. Hoeven (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Consolidated Farm and Rural Development Act to modify limitations on amounts of farm ownership loans and operating loans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Producer and Agricultural Credit Enhancement Act of 2023”.

SEC. 2. Limitations on loan amounts.

(a) Limitations on amount of farm ownership loans.—Section 305(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925(a)(2)) is amended by striking “$600,000, or, in the case of a loan guaranteed by the Secretary, $1,750,000 (increased, beginning with fiscal year 2019” and inserting “$850,000, or, in the case of a loan guaranteed by the Secretary, $3,000,000 (increased, beginning with fiscal year 2023”.

(b) Limitations on amount of operating loans.—Section 313(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(a)(1)) is amended by striking “$400,000, or, in the case of a loan guaranteed by the Secretary, $1,750,000 (increased, beginning with fiscal year 2019” and inserting “$750,000, or, in the case of a loan guaranteed by the Secretary, $2,600,000 (increased, beginning with fiscal year 2023”.

SEC. 3. Inflation percentage.

Section 305(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925(c)) is amended—

(1) in paragraph (1), by striking “of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department of Agriculture) for the 12-month period ending on July 31 of the immediately preceding fiscal year” and inserting “of the per acre average United States farm real estate value, the per acre average United States cropland value, and the per acre average United States pasture value for the preceding year (as published in the applicable Agricultural Land Values report of the National Agricultural Statistics Service of the Department of Agriculture), weighted equally”; and

(2) in paragraph (2), by striking “of such index (as so defined) for the 12-month period that immediately precedes the 12-month period described in paragraph (1)” and inserting “of the per acre average United States farm real estate value, the per acre average United States cropland value, and the per acre average United States pasture value for the year immediately preceding the year described in paragraph (1) (as so published), weighted equally”.

SEC. 4. Down payment loan program.

Section 310E(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935(b)(1)) is amended—

(1) in the matter preceding subparagraph (A), by striking “exceed 45 percent of the least” and inserting “exceed, subject to section 305(a), 45 percent of the lesser”;

(2) in subparagraph (A), by adding “or” after the semicolon;

(3) in subparagraph (B), by striking “; or” and inserting a period; and

(4) by striking subparagraph (C).

SEC. 5. Limitation on microloan amounts.

Section 313(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(2)) is amended by striking “$50,000” and inserting “$100,000”.

SEC. 6. Refinancing of guaranteed loans into direct loans.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Farm Service Agency (referred to in this section as the “Secretary”), shall promulgate regulations allowing certain loans guaranteed by the Farm Service Agency to be refinanced into direct loans issued by the Farm Service Agency, in accordance with this section.

(b) Requirements.—

(1) IN GENERAL.—The regulations promulgated under subsection (a) shall provide that a guaranteed loan described in that subsection may be refinanced into a direct loan described in that subsection only if the Secretary determines that—

(A) the guaranteed loan is distressed;

(B) the borrower on that guaranteed loan has attempted to work with the lender and has been unsuccessful;

(C) a reasonable chance for the success of the operation financed by the guaranteed loan exists; and

(D) all other criteria established by the Secretary for purposes of this section to protect taxpayer funds and the loan programs of the Farm Service Agency have been satisfied.

(2) REASONABLE CHANCE OF SUCCESS.—For purposes of paragraph (1)(C), the Secretary may determine that a reasonable chance for the success of an operation exists if the Secretary determines that—

(A) all relevant problems with the operation financed by the guaranteed loan—

(i) have been identified; and

(ii) can be corrected; and

(B) on correction of those problems, the operation can achieve, or be returned to, a sound financial basis.

(c) No effect on subsidies.—In carrying out this section, the Secretary shall ensure that the refinancing of guaranteed loans into direct loans has no impact on the subsidy rate of—

(1) loans guaranteed by the Farm Service Agency; or

(2) direct loans issued by the Farm Service Agency.

(d) Loan programs.—In making direct loans pursuant to the regulations promulgated under subsection (a), the Secretary may refinance a loan guaranteed under 1 program of the Farm Service Agency into a direct loan issued under another program of the Farm Service Agency, as the Secretary determines to be appropriate and in accordance with the laws applicable to the program under which the new direct loan is issued.

(e) Maximum amount of direct refinancing loans.—A direct loan issued by the Farm Service Agency pursuant to the regulations promulgated under subsection (a) shall be subject to any otherwise applicable limitation on the maximum amount of a direct loan issued by the Farm Service Agency, including, if applicable, the limitations described in—

(1) section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925); and

(2) section 313 of that Act (7 U.S.C. 1943).

SEC. 7. Sense of Congress.

It is the sense of Congress that—

(1) access to credit is essential to the success of farmers and ranchers; and

(2) microloans, direct loans, and guaranteed loans provided by the Farm Service Agency should be fully funded to meet producer demand, help beginning farmers and ranchers, and support family farms.