The SPEAKER pro tempore, Mr. WALKER, announced that 240 Members had voted in the affirmative and 156 Members had voted in the negative. Members So, two-thirds of the present not having voted in favor thereof, the bill was not passed. Ordered, That the Clerk notify the Senate thereof. The veto message and accompanying bill were referred to the Committee on National Security. 11.17 MESSAGE FROM THE PRESIDENT— MFN STATUS FOR ROMANIA The SPEAKER pro tempore, Mr. WALKER, laid before the House a message from the President, which was read as follows: To the Congress of the United States: Nethercutt Meek Kasich Neumann Kelly Ney Mfume Norwood Kennedy (RI) Nussle Smith (NJ) Gibbons Pastor Kennelly Ortiz Smith (TX) Hoke Pelosi Kim Oxley Smith (WA) Souder Stark Stockman Studds Tanner Visclosky Wilson Wyden As required by law, I am submitting an updated report to the Congress concerning emigration laws and policies of Romania. You will find that the report indicates continued Romanian compliance with U.S. and international standards in the area of emigration policy. WILLIAM J. CLINTON. THE WHITE HOUSE, January 3, 1996. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on Ways and Means and ordered to be printed (H. Doc. 104-156). 11.18 MESSAGE FROM THE PRESIDENT NATIONAL EMERGENCY WITH RESPECT The SPEAKER pro tempore, Mr. WALKER, laid before the House a message from the President, which was read as follows: To the Congress of the United States: Section 202(d) of the National Emergencies Act (50 U.S.C. 1662(d)) provides for the automatic termination of a national emergency unless, prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent the enclosed notice, stating that the Libyan emergency is to continue in effect beyond January 7, 1996, to the Federal Register for publication. The crisis between the United States and Libya that led to the declaration of a national emergency on January 7, 1986, has not been resolved. The Government of Libya has continued its actions and policies in support of terrorism, despite the calls by the United Nations Security Council, in Resolutions 731 (1992), 748 (1992), and 883 (1993) that it demonstrate by concrete actions its renunciation of such terrorism. Such Libyan actions and policies pose a continuing unusual and extraordinary threat to the national security and vital foreign policy interests of the United States. For these reasons, the national emergency declared on January 7, 1986, and the measures adopted on January 7 and January 8, 1986, to deal with that emergency, must continue in effect beyond January 7, 1996. I have determined that it is necessary to maintain in force the broad authorities necessary to apply economic pressure to the Government of Libya to reduce its ability to support international terrorism. WILLIAM J. CLINTON. THE WHITE HOUSE, January 3, 1996. By unanimous consent, the message, together with the accompanying papers, was referred to the Committee on International Relations and ordered to be printed (H. Doc. 104-157). WALKER, announced that 240 Members had voted in the affirmative and 159 Members had voted in the negative. present having not voted in favor thereof, the bill was not passed. Ordered, That the Clerk notify the The veto message and accompanying On motion of Mr. EMERSON, by unanimous consent, the bill (H.R. 2029) to amend the Farm Credit Act of 1971 to provide regulatory relief; together with the following amendments of the Senate thereto, was taken from the Strike out all after the enacting clause and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Farm Credit System Reform Act of (b) TABLE OF CONTENTS.-The table of con- tents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 101. Definition of real estate. Sec. 103. Duties of Federal Agricultural Mortgage Corporation. Sec. 104. Powers of the Corporation. Sec. 107. Guarantee of qualified loans. Sec. 110. Small farms. Sec. 111. Definition of an affiliate. diversified Sec. 114. Minimum capital level. Sec. 115. Critical capital level. Sec. 117. Recapitalization of the Corpora- Sec. 118. Liquidation of the Federal Agricul- TITLE II-REGULATORY RELIEF Sec. 201. Compensation of association per- Sec. 202. Use of private mortgage insurance. Sec. 204. Reform of regulatory limitations Sec. 205. Removal of Federal Government financings. Sec. 207. Disclosure relating to adjustable rate loans. Sec. 208. Borrowers' rights. Sec. 209. Formation of administrative serv- Sec. 210. Joint management agreements. Sec. 211. Dissemination of quarterly reports. Sec. 213. Examination of farm credit system Sec. 214. Conservatorships and receiverships. Sec. 215. Farm Credit Insurance Fund oper- Sec. 216. Examinations by the Farm Credit Sec. 217. Powers with respect to troubled in- Sec. 218. Oversight and regulatory actions Sec. 219. Farm Credit System Insurance Cor- Sec. 220. Interest rate reduction program. by striking "with a purchase price" and inserting excluding the land to which the dwelling is affixed, with a value". SEC. 102. DEFINITION OF CERTIFIED FACILITY. Section 8.0(3) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa(3)) is amended (1) in subparagraph (A), by striking "a secondary marketing agricultural loan" and inserting an agricultural mortgage marketing"; and (2) in subparagraph (B), by striking ", but only" and all that follows through "(9)(B)". SEC. 103. DUTIES OF FEDERAL AGRICULTURAL MORTGAGE CORPORATION. Section 8.1(b) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-1(b)) is amended (1) in paragraph (2), by striking "and" at the end: (2) in paragraph (3). by striking the period at the end and inserting "; and"; and (3) by adding at the end the following: (4) purchase qualified loans and issue securities representing interests in, or obligations backed by, the qualified loans, guaranteed for the timely repayment of principal and interest.". SEC. 104. POWERS OF THE CORPORATION. Section 8.3(c) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-3(c)) is amended (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (2) by inserting after paragraph (12) the following: (13) To purchase, hold, sell, or assign a qualified loan, to issue a guaranteed security, representing an interest in, or an obligation backed by, the qualified loan, and to perform all the functions and responsibilities of an agricultural mortgage marketing facility operating as a certified facility under this title.". SEC. 105. FEDERAL RESERVE BANKS AS DEPOSITARIES AND FISCAL AGENTS. Section 8.3 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-3) is amended (1) in subsection (d), by striking "may act as depositories for, or" and inserting "shall act as depositories for, and"; and (2) in subsection (e), by striking "Secretary of the Treasury may authorize the Corporation to use" and inserting "Corporation shall have access to". SEC. 106. CERTIFICATION OF AGRICULTURAL MORTGAGE MARKETING FACILITIES. Section 8.5 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-5) is amended(1) in subsection (a)— (A) in paragraph (1), by inserting "(other than the Corporation)" after "agricultural mortgage marketing facilities"; and (B) in paragraph (2), by inserting "(other than the Corporation)" after "agricultural mortgage marketing facility"; and (2) in subsection (e)(1), by striking "(other than the Corporation)". SEC. 107. GUARANTEE OF QUALIFIED LOANS. Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-6) is amended— (1) in subsection (a)(1)— (A) by striking "Corporation shall guarantee" and inserting the following: "Corporation "(A) shall guarantee"; (B) by striking the period at the end and inserting"; and"; and (C) by adding at the end the following: "(B) may issue a security, guaranteed as to the timely payment of principal and interest, that represents an interest solely in, or an obligation fully backed by, a pool consisting of qualified loans that "(i) meet the standards established under section 8.8; and "(ii) have been purchased and held by the Corporation."; (2) in subsection (d)— (A) by striking paragraph (4); and (B) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; and (3) in subsection (g)(2), by striking "section 8.0(9)(B)) and inserting "section 8.0(9))". SEC. 108. MANDATORY RESERVES AND SUBORDINATED PARTICIPATION INTERESTS ELIMINATED. (a) GUARANTEE OF QUALIFIED LOANS.-Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-6) is amended by striking subsection (b). (b) RESERVES AND SUBORDINATED PARTICIPATION INTERESTS.-Section 8.7 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-7) is repealed. (c) CONFORMING AMENDMENTS.— (1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa(9)(B)(i)) is amended by striking "8.7, 8.8," and inserting "8.8". (2) Section 8.6(a)(2) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-6(a)(2)) is amended by striking "subject to the provisions of subsection (b)". SEC. 109. STANDARDS REQUIRING DIVERSIFIED POOLS. (a) IN GENERAL.-Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-6) (as amended by section 108) is amended (d) (1) by striking subsection (c); and (2) by redesignating subsections through (g) as subsections (b) through (e), respectively. (b) CONFORMING AMENDMENTS.— (1) Section 8.0(9)(B)(i) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa(9)(B)(i)) is amended by striking "(f)" and inserting "(d)". (2) Section 8.13(a) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-13(a)) is amended by striking "sections 8.6(b) and" in each place it appears and inserting "section". (3) Section 8.32(b)(1)(C) of the Farm Credit Act of 1971 (12 U.S.C. 2279bb-1(b)(1)(C)) is amended by striking "under section 8.6(b)(2)". (4) Section 8.6(b) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-6(b)) (as redesignated by subsection (a)(2)) is amended (A) by striking paragraph (4) (as redesignated by section 107(2)(B)); and (B) by redesignating paragraphs (5) and (6) (as redesignated by section 107(2)(B)) as paragraphs (4) and (5), respectively. SEC. 110. SMALL FARMS. Section 8.8(e) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-8(e)) is amended by adding at the end the following: "The Board shall promote and encourage the inclusion of qualified loans for small farms and family farmers in the agricultural mortgage secondary market.". SEC. 111. DEFINITION OF AN AFFILIATE. Section 8.11(e) of the Farm Credit Act of 1971 (21 U.S.C. 2279aa-11(e)) is amended (1) by striking "a certified facility or"; and (2) by striking "paragraphs (3) and (7), respectively, of section 8.0" and inserting "section 8.0(7)". SEC. 112. STATE USURY LAWS SUPERSEDED. Section 8.12 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-12) is amended by striking subsection (d) and inserting the following: "(d) STATE USURY LAWS SUPERSEDED.—A provision of the Constitution or law of any State shall not apply to an agricultural loan made by an originator or a certified facility in accordance with this title for sale to the Corporation or to a certified facility for inclusion in a pool for which the Corporation has provided, or has committed to provide, a guarantee, if the loan, not later than 180 days after the date the loan was made, is sold to the Corporation or included in a pool for which the Corporation has provided a guarantee, if the provision "(1) limits the rate or amount of interest, discount points, finance charges, or other charges that may be charged, taken, received, or reserved by an agricultural lender or a certified facility; or "(2) limits or prohibits a prepayment penalty (either fixed or declining), yield maintenance, or make-whole payment that may be charged, taken, or received by an agricultural lender or a certified facility in connection with the full or partial payment of the principal amount due on a loan by a borrower in advance of the scheduled date for the payment under the terms of the loan, otherwise known as a prepayment of the loan principal.". SEC. 113. EXTENSION OF CAPITAL TRANSITION PERIOD. Section 8.32 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb-1) is amended (1) in the first sentence of subsection (a), by striking "Not later than the expiration of the 2-year period beginning on December 13, 1991," and inserting "Not sooner than the expiration of the 3-year period beginning on the date of enactment of the Farm Credit System Reform Act of 1996,"; (2) in the first sentence of subsection (b)(2), by striking "5-year" and inserting "8-year"; and (3) in subsection (d)— (A) in the first sentence (i) by striking "The regulations establishing" and inserting the following: "(1) IN GENERAL.-The regulations establishing"; and (ii) by striking "shall contain" and inserting the following: "shall "(A) be issued by the Director for public comment in the form of a notice of proposed rulemaking, to be first published after the expiration of the period referred to in subsection (a); and "(B) contain"; and (B) in the second sentence, by striking "The regulations shall" and inserting the following: "(2) SPECIFICITY.-The regulations referred to in paragraph (1) shall". SEC. 114. MINIMUM CAPITAL LEVEL. Section 8.33 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb-2) is amended to read as follows: "SEC. 8.33. MINIMUM CAPITAL LEVEL. "(a) IN GENERAL.-Except as provided in subsection (b), for purposes of this subtitle, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of "(1) 2.75 percent of the aggregate on-balance sheet assets of the Corporation, as determined in accordance with generally accepted accounting principles; and "(2) 0.75 percent of the aggregate off-balance sheet obligations of the Corporation, which, for the purposes of this subtitle, shall include "(A) the unpaid principal balance of outstanding securities that are guaranteed by the Corporation and backed by pools of qualified loans; "(B) instruments that are issued or guaranteed by the Corporation and are substantially equivalent to instruments described in subparagraph (A); and "(C) other off-balance sheet obligations of the Corporation. "(b) TRANSITION PERIOD.— "(1) IN GENERAL.-For purposes of this subtitle, the minimum capital level for the Corporation "(A) prior to January 1, 1997, shall be the amount of core capital equal to the sum of"(i) 0.45 percent of aggregate off-balance sheet obligations of the Corporation; "(ii) 0.45 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and "(iii) 2.50 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); "(B) during the 1-year period ending December 31, 1997, shall be the amount of core capital equal to the sum of "(i) 0.55 percent of aggregate off-balance sheet obligations of the Corporation; "(ii) 1.20 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and "(iii) 2.55 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); "(C) during the 1-year period ending December 31, 1998, shall be the amount of core capital equal to "(i) if the Corporation's core capital is not less than $25,000,000 on January 1, 1998, the sum of "(I) 0.65 percent of aggregate off-balance sheet obligations of the Corporation; "(II) 1.95 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and "(III) 2.65 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); or "(ii) if the Corporation's core capital is less than $25,000,000 on January 1, 1998, the amount determined under subsection (a); and "(D) on and after January 1, 1999, shall be the amount determined under subsection (a). "(2) DESIGNATED ON-BALANCE SHEET ASSETS. For purposes of this subsection, the designated on-balance sheet assets of the Corporation shall be "(A) the aggregate on-balance sheet assets of the Corporation acquired under section 8.6(e); and "(B) the aggregate amount of qualified loans purchased and held by the Corporation under section 8.3(c)(13).". SEC. 115. CRITICAL CAPITAL LEVEL. Section 8.34 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb-3) is amended to read as follows: "SEC. 8.34. CRITICAL CAPITAL LEVEL. "For purposes of this subtitle, the critical capital level for the Corporation shall be an amount of core capital equal to 50 percent of the total minimum capital amount determined under section 8.33.". SEC. 116. ENFORCEMENT LEVELS. Section 8.35(e) of the Farm Credit Act of 1971 (12 U.S.C. 2279bb-4(e)) is amended by striking "during the 30-month period beginning on the date of enactment of this section," and inserting "during the period beginning on December 13, 1991, and ending on the effective date of the risk based capital regulation issued by the Director under section 8.32,". SEC. 117. RECAPITALIZATION OF THE CORPORA TION. Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa et seq.) is amended by adding at the end the following: "SEC. 8.38. RECAPITALIZATION OF THE CORPORA TION. "(a) MANDATORY RECAPITALIZATION.-The Corporation shall increase the core capital of the Corporation to an amount equal to or greater than $25,000,000, not later than the earlier of "(1) the date that is 2 years after the date of enactment of this section; or "(2) the date that is 180 days after the end of the first calendar quarter that the aggregate on-balance sheet assets of the Corporation, plus the outstanding principal of the off-balance sheet obligations of the Corporation, equal or exceed $2,000,000,000. "(b) RAISING CORE CAPITAL.-In carrying out this section, the Corporation may issue stock under section 8.4 and otherwise employ any recognized and legitimate means of raising core capital in the power of the Corporation under section 8.3. "(c) LIMITATION ON GROWTH OF TOTAL ASSETS. During the 2-year period beginning on the date of enactment of this section, the aggregate on-balance sheet assets of the Corporation plus the outstanding principal of the off-balance sheet obligations of the Corporation may not exceed $3,000,000,000 if the core capital of the Corporation is less than $25,000,000. "(d) ENFORCEMENT.-If the Corporation fails to carry out subsection (a) by the date required under paragraph (1) or (2) of subsection (a). the Corporation may not purchase a new qualified loan or issue or guarantee a new loan-backed security until the core capital of the Corporation is increased to an amount equal to or greater than $25,000,000.". SEC. 118. LIQUIDATION OF THE FEDERAL AGRICULTURAL MORTGAGE CORPORATION. Title VIII of the Farm Credit Act of 1971 (12 U.S.C. 2279aa et seq.) (as amended by section 117) is amended by adding at the end the following: "Subtitle C-Receivership, Conservatorship, and Liquidation of the Federal Agricultural Mortgage Corporation "SEC. 8.41. CONSERVATORSHIP; LIQUIDATION; RECEIVERSHIP. "(a) VOLUNTARY LIQUIDATION.-The Corporation may voluntarily liquidate only with the consent of, and in accordance with a plan of liquidation approved by, the Farm Credit Administration Board. "(b) INVOLUNTARY LIQUIDATION.— "(1) IN GENERAL.-The Farm Credit Administration Board may appoint a conservator or receiver for the Corporation under the circumstances specified in section 4.12(b). "(2) APPLICATION.-In applying section 4.12(b) to the Corporation under paragraph (1)— "(A) the Corporation shall also be considered insolvent if the Corporation is unable to pay its debts as they fall due in the ordinary course of business; "(B) a conservator may also be appointed for the Corporation if the authority of the Corporation to purchase qualified loans or issue or guarantee loan-backed securities is suspended; and "(C) a receiver may also be appointed for the Corporation if— "(i)(I) the authority of the Corporation to purchase qualified loans or issue or guarantee loan-backed securities is suspended; or "(II) the Corporation is classified under section 8.35 as within level III or IV and the alternative actions available under subtitle B are not satisfactory; and "(ii) the Farm Credit Administration determines that the appointment of a conservator would not be appropriate. *(3) NO EFFECT ON SUPERVISORY ACTIONS.— The grounds for appointment of a conservator for the Corporation under this subsection shall be in addition to those in section 8.37. "(c) APPOINTMENT OF CONSERVATOR OR RECEIVER. "(2) COMPENSATION. (A) IN GENERAL.-A conservator or receiver for the Corporation and professional personnel (other than a Federal employee) employed to represent or assist the conservator or receiver may be compensated for activities conducted as, or for, a conservator or receiver. (B) LIMIT ON COMPENSATION.-Compensation may not be provided in amounts greater than the compensation paid to employees of the Federal Government for similar services, except that the Farm Credit Administration may provide for compensation at higher rates that are not in excess of rates prevailing in the private sector if the Farm Credit Administration determines that compensation at higher rates is necessary in order to recruit and retain competent personnel. (C) CONTRACTUAL ARRANGEMENTS.-The conservator or receiver may contract with any governmental entity, including the Farm Credit System Insurance Corporation. to make personnel, services, and facilities of the entity available to the conservator or receiver on such terms and compensation arrangements as shall be mutually agreed, and each entity may provide the same to the conservator or receiver. (3) EXPENSES.-A valid claim for expenses of the conservatorship or receivership (including compensation under paragraph (2)) and a valid claim with respect to a loan made under subsection (f) shall— (A) be paid by the conservator or receiver from funds of the Corporation before any other valid claim against the Corporation: and (B) may be secured by a lien, on such property of the Corporation as the conservator or receiver may determine, that shall have priority over any other lien. "(4) LIABILITY.-If the conservator or receiver for the Corporation is not a Federal entity, or an officer or employee of the Federal Government, the conservator or receiver shall not be personally liable for damages in tort or otherwise for an act or omission performed pursuant to and in the course of the conservatorship or receivership, unless the act or omission constitutes gross negligence or any form of intentional tortious conduct or criminal conduct. "(5) INDEMNIFICATION.-The Farm Credit Administration may allow indemnification of the conservator or receiver from the assets of the conservatorship or receivership on such terms as the Farm Credit Administration considers appropriate. "(d) JUDICIAL REVIEW OF APPOINTMENT.— "(1) IN GENERAL.-Notwithstanding subsection (i)(1), not later than 30 days after a conservator or receiver is appointed under subsection (b). the Corporation may bring an action in the United States District Court for the District of Columbia for an order requiring the Farm Credit Administration Board to remove the conservator or receiver. The court shall, on the merits, dismiss the action or direct the Farm Credit Administration Board to remove the conservator or receiver. (2) STAY OF OTHER ACTIONS.-On the commencement of an action under paragraph (1), any court having jurisdiction of any other action or enforcement proceeding authorized under this subtitle to which the Corporation is a party shall stay the action or proceeding during the pendency of the action for removal of the conservator or receiver. "(e) GENERAL POWERS OF CONSERVATOR OR RECEIVER. The conservator or receiver for the Corporation shall have powers comparable to the powers available to a conservator or receiver appointed pursuant to section 4.12(b). "(f) BORROWINGS FOR WORKING CAPITAL.— "(1) IN GENERAL.-If the conservator or receiver of the Corporation determines that it is likely that there will be insufficient funds to pay the ongoing administrative expenses of the conservatorship or receivership or that there will be insufficient liquidity to fund maturing obligations of the of the conservatorship or receivership, the conservator or receiver may borrow funds in such amounts, from such sources, and at such rates of interest as the conservator or receiver considers necessary or appropriate to meet the administrative expenses or liquidity needs of the conservatorship or receivership. "(2) WORKING CAPITAL FROM FARM CREDIT BANKS. A Farm Credit bank may loan funds to the conservator or receiver for a loan authorized under paragraph (1) or, in the event of receivership, a Farm Credit bank may purchase assets of the Corporation. "(g) AGREEMENTS AGAINST INTERESTS OF CONSERVATOR OR RECEIVER.-No agreement that tends to diminish or defeat the right, title, or interest of the conservator or receiver for the Corporation in any asset acquired by the conservator or receiver as conservator or receiver for the Corporation shall be valid against the conservator or receiver unless the agreement "(1) is in writing; "(2) is executed by the Corporation and any person claiming an adverse interest under the agreement, including the obligor, contemporaneously with the acquisition of the asset by the Corporation; "(3) is approved by the Board or an appropriate committee of the Board, which approval shall be reflected in the minutes of the Board or committee; and "(4) has been, continuously, from the time of the agreement's execution, an official record of the Corporation. "(h) REPORT TO THE CONGRESS.-On a determination by the receiver for the Corporation that there are insufficient assets of the receivership to pay all valid claims against the receivership, the receiver shall submit to the Secretary of the Treasury, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the financial condition of the receivership. "(i) TERMINATION OF AUTHORITIES. “(1) CORPORATION.-The charter of the Corporation shall be canceled, and the authority provided to the Corporation by this title shall terminate, on such date as the Farm Credit Administration Board determines is appropriate following the placement of the Corporation in receivership, but not later than the conclusion of the receivership and discharge of the receiver. "(2) OVERSIGHT.-The Office of Secondary Market Oversight established under section 8.11 shall be abolished, and section 8.11(a) and subtitle B shall have no force or effect, on such date as the Farm Credit Administration Board determines is appropriate following the placement of the Corporation in receivership, but not later than the conclusion of the receivership and discharge of the receiver.". TITLE II-REGULATORY RELIEF SEC. 201. COMPENSATION OF ASSOCIATION PERSONNEL. Section 1.5(13) of the Farm Credit Act of 1971 (12 U.S.C. 2013(13)) is amended by striking", and the appointment and compensation of the chief executive officer thereof,". SEC. 202. USE OF PRIVATE MORTGAGE INSURANCE. (a) IN GENERAL.-Section 1.10(a)(1) of the Farm Credit Act of 1971 (12 U.S.C. 2018(a)(1)) is amended by adding at the end the following: "(D) PRIVATE MORTGAGE INSURANCE.-A loan on which private mortgage insurance is obtained may exceed 85 percent of the appraised value of the real estate security to the extent that the loan amount in excess of 85 percent is covered by the insurance.". (b) CONFORMING AMENDMENT.-Section 1.10(a)(1)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2018(a)(1)(A)) is amended by striking "paragraphs (2) and (3)" and inserting "subparagraphs (B), (C), and (D)". SEC. 203. REMOVAL OF CERTAIN BORROWER REPORTING REQUIREMENT. Section 1.10(a) of the Farm Credit Act of 1971 (12 U.S.C. 2018(a)) is amended by striking paragraph (5). SEC. 204. REFORM OF REGULATORY LIMITATIONS ON DIVIDEND, MEMBER BUSINESS, AND VOTING PRACTICES OF ELIGIBLE FARMER-OWNED COOPERATIVES. (a) IN GENERAL.-Section 3.8(a) of the Farm Credit Act of 1971 (12 U.S.C. 2129(a)) is amended by adding at the end the following: "Any such association that has received a loan from a bank for cooperatives shall, without regard to the requirements of paragraphs (1) through (4), continue to be eligible for so long as more than 50 percent (or such higher percentage as is established by the bank board) of the voting control of the association is held by farmers, producers or harvesters of aquatic products, or eligible cooperative associations.". (b) CONFORMING AMENDMENT.-Section 3.8(b)(1)(D) of the Farm Credit Act of 1971 (12 U.S.C. 2129(b)(1)(D)) is amended by striking "and (4) of subsection (a)" and inserting "and (4), or under the last sentence, of subsection (a)". PRIVATE SEC. 205. REMOVAL OF FEDERAL GOVERNMENT CERTIFICATION REQUIREMENT FOR CERTAIN SECTOR FINANCINGS. Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended— (1) by striking "have been certified by the Administrator of the Rural Electrification Administration to be eligible for such" and inserting "are eligible under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) for"; and (2) by striking "loan guarantee, and" and inserting "loan guarantee from the Administration or the Bank (or a successor of the Administration or the Bank), and". SEC. 206. BORROWER STOCK. Section 4.3A of the Farm Credit Act of 1971 (12 U.S.C. 2154a) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: "(f) LOANS DESIGNATED FOR SALE OR SOLD INTO THE SECONDARY MARKET.— "(1) IN GENERAL.-Subject to paragraph (2) and notwithstanding any other provision of this section, the bylaws adopted by a bank or association under subsection (b) may provide "(A) in the case of a loan made on or after the date of enactment of this paragraph that is designated, at the time the loan is made, for sale into a secondary market, that no voting stock or participation certificate purchase requirement shall apply to the borrower for the loan; and "(B) in the case of a loan made before the date of enactment of this paragraph that is sold into a secondary market, that all outstanding voting stock or participation certificates held by the borrower with respect to the loan shall, subject to subsection (d)(1), be retired. "(2) APPLICABILITY.-Notwithstanding any other provision of this section, in the case of a loan sold to a secondary market under title VIII, paragraph (1) shall apply regardless of whether the bank or association retains a subordinated participation interest in a loan or pool of loans or contributes to a cash reserve. "(3) EXCEPTION.— "(A) IN GENERAL.-Subject to subparagraph (B) and notwithstanding any other provision of this section, if a loan designated for sale under paragraph (1)(A) is not sold into a secondary market during the 180-day period that begins on the date of the designation, the voting stock or participation certificate purchase requirement that would otherwise apply to the loan in the absence of a bylaw provision described in paragraph (1)(A) shall be effective. "(B) RETIREMENT.-The bylaws adopted by a bank or association under subsection (b) may provide that if a loan described in subparagraph (A) is sold into a secondary market after the end of the 180-day period described in the subparagraph, all outstanding voting stock or participation certificates held by the borrower with respect to the loan shall, subject to subsection (d)(1), be retired.". SEC. 207. DISCLOSURE RELATING TO ADJUSTABLE RATE LOANS. Section 4.13(a)(4) of the Farm Credit Act of 1971 (12 U.S.C. 2199(a)(4)) is amended by inserting before the semicolon at the end the following: ", and notice to the borrower of a change in the interest rate applicable to the loan of the borrower may be made within a reasonable time after the effective date of an increase or decrease in the interest rate". SEC. 208. BORROWERS' RIGHTS. (a) DEFINITION OF LOAN.-Section 4.14A(a)(5) of the Farm Credit Act of 1971 (12 U.S.C. 2202a(a)(5)) is amended (1) by striking "(5) LOAN.-The" and inserting the following: "(5) LOAN. "(A) IN GENERAL.-Subject to subparagraph (B), the"; and (2) by adding at the end the following: "(B) EXCLUSION FOR LOANS DESIGNATED FOR SALE INTO SECONDARY MARKET. "(i) IN GENERAL.-Except as provided in clause (ii), the term 'loan' does not include a loan made on or after the date of enactment of this subparagraph that is designated, at the time the loan is made, for sale into a secondary market. "(ii) UNSOLD LOANS.— "(I) IN GENERAL.-Except as provided in subclause (II), if a loan designated for sale under clause (i) is not sold into a secondary market during the 180-day period that begins on the date of the designation, the provisions of this section and sections 4.14, 4.14B, 4.14C, 4.14D, and 4.36 that would otherwise apply to the loan in the absence of the exclusion described in clause (i) shall become effective with respect to the loan. "(II) LATER SALE. If a loan described in subclause (I) is sold into a secondary market after the end of the 180-day period described in subclause (I), subclause (I) shall not apply with respect to the loan beginning on the date of the sale.". (b) BORROWERS' RIGHTS FOR POOLED LOANS. The first sentence of section 8.9(b) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa-9(b)) is amended by inserting "(as defined in section 4.14A(a)(5))" after "application for a loan". SEC. 209. FORMATION OF ADMINISTRATIVE SERVICE ENTITIES. Part E of title IV of the Farm Credit Act of 1971 is amended by inserting after section 4.28 (12 U.S.C. 2214) the following: "SEC. 4.28A. DEFINITION OF BANK. "In this part, the term 'bank' includes each association operating under title II.". SEC. 210. JOINT MANAGEMENT AGREEMENTS. The first sentence of section 5.17(a)(2)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2252(a)(2)(A)) is amended by striking "or management agreements". |