§ 912.
(b)
Terms of deferment
(1)
Subject to limitations established in appropriations Acts, the Secretary shall permit any borrower to defer the payment of principal and interest on any insured or direct loan made under this chapter under circumstances described in this subsection, notwithstanding any limitation contained in subsection (a), except that such deferment shall not be permitted based on the determination of the Secretary of the financial hardship of the borrower.
(2)
(A)
In the case of deferments made to enable the borrower to provide financing to local businesses, the deferment shall be repaid in equal installments, without the accrual of interest, over the 60-month period beginning on the date of the deferment, and the total amount of such payments shall be equal to the amount of the payment deferred.
(B)
In the case of deferments made to enable the borrower to provide community development assistance, technical assistance to businesses, and for other community, business, or economic development projects not included under subparagraph (A), the deferment shall be repaid in equal installments, without the accrual of interest, over the 120-month period beginning on the date of the deferment, and the total amount of such payments shall be equal to the amount of the payment deferred.
(3)
(A)
A borrower may defer its debt service payments only in an amount equal to an investment made by such borrower as described in paragraph (2).
(B)
The amount of the deferment shall not exceed 50 percent of the total cost of a community or economic development project for which a deferment is provided under this subsection.
(C)
The total amount of deferments under this subsection during each of the fiscal years 1990 through 1993 shall not exceed 3 percent of the total payments due during such fiscal year from all borrowers on direct and insured loans made under this chapter and shall not exceed 5 percent of such total payments due in each subsequent fiscal year.
(D)
At the time of a deferment, the borrower shall make a payment to a cushion of credit account established and maintained pursuant to
section 940c of this title in an amount equal to the amount of the payment deferred. The balance of such account shall not be reduced by the borrower below the level of the unpaid balance of the payment deferred. Subject to limitations established in annual appropriations Acts, such cushion of credit amounts and any other cushion of credit and advance payments of any borrower shall be included in the interest differential calculation under
section 940c(b)(2) of this title.
(4)
The Secretary shall undertake all reasonable efforts to permit the full amount of deferments authorized by this subsection during each fiscal year.
([May 20, 1936, ch. 432], title I, § 12, [49 Stat. 1366]; [Oct. 28, 1949, ch. 776], §§ 2, 4(f), [63 Stat. 948]; [Pub. L. 101–624, title XXIII, § 2344], Nov. 28, 1990, [104 Stat. 4028]; [Pub. L. 103–354, title II, § 235(a)(13)], Oct. 13, 1994, [108 Stat. 3221]; [Pub. L. 104–127, title VII, § 774(b)], Apr. 4, 1996, [110 Stat. 1150]; [Pub. L. 110–234, title VI, § 6103], May 22, 2008, [122 Stat. 1195]; [Pub. L. 110–246, § 4(a)], title VI, § 6103, June 18, 2008, [122 Stat. 1664], 1956; [Pub. L. 115–334, title VI, § 6504(a)], Dec. 20, 2018, [132 Stat. 4773].)