Page:United States Statutes at Large Volume 106 Part 5.djvu/512

 106 STAT. 4150 PUBLIC LAW 102-554—OCT. 28, 1992 "(5) OTHER KINDS OF ASSISTANCE.— During the commitment period, the Farmers Home Administration, the Extension Service, the Soil Conservation Service, and the other entities of the Department of Agriculture shall provide the applicant with such other assistance and information as may be needed in developing and implementing the operation described in the application. •*(6)FEES. — "(A) SECRETARY. —The Secretary shall not charge a fee to any person (including a lender) in connection with any loan guarantee provided in accordance with this section. "(B) LENDER.— A lender may charge a loan origination and servicing fee in connection with a loan or loan guarantee provided in accordance with this section in an amount not to exceed 1 percent of the amount of the loan. "(1) ANNUAL PLAN REVISIONS REQUIRED AS CONDITION OF CONTINUED ASSISTANCE. —The Secretary shall not provide assistance under this section for an operation for any particular year after the first year for which the assistance is provided, unless— "(1) not later than 60 days before the assistance is to be first provided for the particular year, the plan describing the operation has been revised, pursuant to section 360, based on the experience of the year preceding the particular year, to provide the information required by subsection (b) for the 5-year period beginning with the ptuticular year (or, if shorter, the period beginning with the particular year and ending with the year in which the plan projects the operation as becoming financiallv viable); and "(2) the Secretary has approved the revised plan. "(g) EFFECTS OF AVOIDABLE FAILURE TO ACHIEVE GOALS.— "(1) TERMINATION OF COMMITMENTS. —The Secretary shall revoke commitment for assistance made to an applicant under this section if the operation of the applicant fails, for 2 consecutive years, to meet the goals specnfied in the plan, unless the failure has not materially reduced the likelUiood of the operation becoming financially viable and is due to circumstances beyond the control of the applicant. " (2) SUSPENSION OF ELIGIBILITY FOR ASSISTANCE. —During the 3-year period that begins with the date a commitment made to an applicant is revoked under paragraph (1), the applicant shall not be eligible for assistance under this section.". SEC. 9. GRADUATION OF BORROWERS WITH OPERATING LOANS OR GUARANTEES TO PRIVATE COBIMERCIAL CREDIT. Subtitle B (7 U.S.C. 1941 et seq.) (as amended by section 8 of this Act) is further amended by adding at the end the following new section: 7 USC 1949. 'nSEC. 319. GRADUATION OF BORROWERS WITH OPERATING LOANS OR GUARANTEES TO PRIVATE COMMERCIAL CREDIT. "(a) GRADUATION PLAN.— The Secretary shall establish a plan, in coordination with activities under sections 359, 360, 361, and 362, to encourage each borrower with an outstanding loan under this subtitle or with respect to whom there is an outstanding guarantee under this subtitle to graduate to private commercisu or other sources of credit.

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