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HR 71 Agricultural Credit Expansion Act
Topic Started: 16 Jun 2013, 12:12 AM (64 Views)
Heather Holson
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72 hours for debate

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Congresswoman Johnson of Iowa(with thanks to Mr. Owens of New York), introduces, for herself, Dr. Martinez of Florida, Mr. Kensington, Ms. Sanchez, Mr. Greenberg, and others,

A BILL

To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans.

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 `Agricultural Credit Expansion Act'.

SEC. 2. ELIGIBILITY FOR FARM LOANS.

(a) Farm Ownership Loans- Section 302(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(a)) is amended--
(1) by striking `(a) In General- The' and inserting the following:
`(a) In General-
`(1) ELIGIBILITY REQUIREMENTS- The';
(2) in the 1st sentence, by inserting after `limited liability companies' the following: `, and such other legal entities as the Secretary deems appropriate,';
(3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking `and limited liability companies' each place it appears and inserting `limited liability companies, and such other legal entities'; and
(5) by adding at the end the following:
`(2) SPECIAL DEEMING RULES-
`(A) ELIGIBILITY OF CERTAIN OPERATING-ONLY ENTITIES- An entity that is or will become only the operator of a family farm is deemed to meet the owner-operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity.
`(B) ELIGIBILITY OF CERTAIN EMBEDDED ENTITIES- An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.'.
(b) Conservation Loans- Section 304(c)(1) of such Act (7 U.S.C. 1924(c)(1)) is amended by inserting after `limited liability companies' the following: `, or such other legal entities as the Secretary deems appropriate,'.
(c) Farm Operating Loans- Section 311(a) of such Act (7 U.S.C. 1941(a)) is amended--
(1) by striking `(a) In General- The' and inserting the following:
`(a) In General-
`(1) ELIGIBILITY REQUIREMENTS- The';
(2) in the 1st sentence, by inserting after `limited liability companies' the following: `, and such other legal entities as the Secretary deems appropriate,';
(3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively;
(4) in each of the 2nd and 3rd sentences, by striking `and limited liability companies' each place it appears and inserting `limited liability companies, and such other legal entities'; and
(5) by adding at the end the following:
`(2) SPECIAL DEEMING RULE- An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm.'.
(d) Emergency Loans- Section 321(a) of such Act (7 U.S.C. 1961(a)) is amended--
(1) by striking `owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B)' each place it appears and inserting `(in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators';
(2) by inserting after `limited liability companies' the 1st place it appears the following: `, or such other legal entities as the Secretary deems appropriate';
(3) by inserting after `limited liability companies' the 2nd place it appears the following: `, or other legal entities';
(4) by striking `and limited liability companies,' and inserting `limited liability companies, and such other legal entities';
(5) by striking `ownership and operator' and inserting `ownership or operator'; and
(6) by adding at the end the following: `An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if the entity is owned, in whole or in part, by other entities and each individual that is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities.'.
(e) Conforming Amendments-
(1) Section 304(c)(2) of such Act (7 U.S.C. 1924(c)(2)) by striking `paragraphs (1) and (2) of section 302(a)' and inserting `subparagraphs (A) and (B) of section 302(a)(1)'.
(2) Section 310D of such Act (7 U.S.C. 1934) is amended--
(A) by inserting after `partnership' the following: `, or such other legal entities as the Secretary deems appropriate,'; and
(B) by inserting after `partners' the following: `, or owners,'.
(3) Section 343(a)(11) of such Act (7 U.S.C. 1991(a)(11)) is amended--
(A) by inserting after `joint operation,' the 1st place it appears the following: `or such other legal entity as the Secretary deems appropriate,';
(B) by striking `or joint operators' each place it appears and inserting `joint operators, or owners'; and
(C) by inserting after `joint operation,' each other place it appears the following: `or such other legal entity,'.
(4) Section 359(c)(2) of such Act (7 U.S.C. 2006a(c)(2)) is amended by striking `section 302(a)(2) or 311(a)(2)' and inserting `section 302(a)(1)(B) or 311(a)(1)(B)'.

PES

Agricultural Credit Expansion Act - Amends the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency operating loans, farm ownership loans, conservation loans, and emergency loans.

Deems specified embedded entities (an entity owned wholly or in part by another entity) eligible for farm ownership and operating loans.

Deems specified operating-only entities eligible for farm ownership loans.

Deems an entity that is an owner-operator or operator to meet the direct ownership loan requirement if it is owned in whole or in part by other entities and each individual that is an owner of the family farm involved has an ownership interest in each of the other entities.
Edited by Heather Holson, 17 Jun 2013, 12:40 AM.
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Vissering
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I'm radioactive.
Madame Speaker,

I motion for unanimous consent and yield.
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Heather Holson
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Motion recognized. 24 hours for objections.
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Edward Kensington
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Madame Speaker,

I'd like to co-sponsor.
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Melissa Sanchez
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Madam Speaker,

I would also like to co-sponsor.

I yield.
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Heather Holson
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The Gentleman from North Carolina and the Gentlelady from Florida will be added.
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Edward Kensington
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Madame Speaker,

I look forward to this bill passing in current form. I haven't been able to see a thing wrong with it as it has been written.
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Call
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I like potatos
Madame Speaker,

I'd also like to be added as a Co-sponsor. I applaud the Republican gentlelady from Iowa for crafting this bill.

I Yield.
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Heather Holson
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The Gentleman shall be added.
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Heather Holson
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This bill passes the United States House of Representatives by unanimous consent.
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